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On The Accession Of The Republic Of Latvia Of 19 May 1956 Convention On The Contract For The International Carriage Of Goods By Road (Cmr) And The Convention Of 5 July 1978 Protocol

Original Language Title: Par Latvijas Republikas pievienošanos 1956. gada 19. maija Konvencijai par kravu starptautisko autopārvadājumu līgumu (CMR) un šīs konvencijas 1978. gada 5. jūlija protokolam

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The Saeima has adopted and the President promulgated the following laws: On the accession of the Republic of Latvia of 19 May 1956 Convention on the contract for the international carriage of goods by road (CMR) and the Convention of 5 July 1978 Protocol article 1. 19 May 1956 in Geneva signed the Convention on the contract for the international carriage of goods by road (CMR) and the Convention of 5 July 1978 Protocol with this law adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the said Convention and Protocol, and their translation into Latvian language. 3. article. Convention and the Protocol in the Republic of Latvia shall enter into force of the Convention and in article 42.43 and 3 and 4 of the Protocol for the period specified in article and in order. The Parliament adopted the law of 1993 on December 2. The President g. Ulmanis in Riga on 8 December 1993, on the Convention on the CONTRACT for the international carriage of goods by road (CMR), Geneva, 19 May 1956 in the preamble the Contracting Parties, recognizing the international carriage of goods agreement regulatory provisions, as well as the documents used for such carriage and to the carrier's liability the desirability of unification, agreed as follows: Chapter 1 scope article 1 1. this Convention shall apply to every contract for the carriage of goods by road for hire or reward When specified in the contract, freight shipping and receiving space in two different countries, of which at least one is a Contracting State regardless of the Contracting Parties live and nationality. 2. for the purposes of this Convention, the term «vehicles» motor vehicles with understandably, trucks with semi-trailers, trailers and semi-trailers, according to 19 September 1949 Convention on road traffic the article 4 definition. 3. this Convention shall also apply when the carriage of its competence, the national government bodies or organizations. 4. this Convention does not apply to: (a) the carriage of one of the international) Postal Convention; (b) the transport of mortal remains); (c) the traveller property services). 5. The Contracting Parties agree not to change the provisions of this Convention by special agreements between two or more Contracting Parties, does not apply to the border and allow the packing slip proving ownership of the cargo, shipments are made only in its own territory.



Article 2 1. If the vehicle with a cargo section is transported by sea, rail, inland water, or by plane, except where the provisions of article 14 and where the vehicle is not being handled, this Convention applies to the entire movement as a whole. However, if it is proven that the loss, damage or delay in delivery has occurred during transport with other means of transport, and this had not the transport operation or failure, but an event that could happen only during transport with another vehicle, the liability of road hauliers is determined not by the Convention, but in a manner that would identify carriers with other means of transport, where the contract of carriage, the consignor should be entered into with the carrier according to the conditions which lays down the law for the carriage of cargo with this vehicle. In the absence of such circumstances, the liability of the transport operator is established by this Convention. 2. If the road is even with the carrier by the other means of transport, his liability shall be determined according to paragraph 1 of this article, but as if the road and transport with other means of transport are made of two different individuals.



Chapter 2 of the persons for whom the carrier is responsible article 3 of this Convention the carrier shall be liable for their representatives, employees, and other persons whose services he makes use of a service, activity and failures in the areas of expertise, as this action or failure would be his own.



Chapter 3 the conclusion of a transport contract and enforcement of article 4 transport contract is approved, creating the slip. Note the lack of, or incorrect communication loss does not affect the existence or the transport contract, it shall remain subject to the provisions of this Convention.



1. Article 5 of the note presented in triplicate, signed by the shipper and the carrier. These signatures may be printed or replaced by the commercial shipper and carrier of the stamps, if permitted by the law of the country in which you are designing. The first copy of the packing slip is issued to the sender, the second and the third freight spend remains at the carrier. 2. If the shipment is to be placed in different vehicles, or are of different kinds, or divided into different parts, the sender or the carrier shall have the right to require a separate invoice for each vehicle or each type of goods, or each part of the goods.



Article 6 contains the following note 1: a) the packing slip design time and place; b) shipper's name and address; (c) the cargo carrier's) name and address; (d)) making time and space, as with the indicated place of delivery; e) consignee name and address; (f)), the nature of the cargo and its packaging accepted legend and dangerous goods transport, the common designation; (g) the number of packages, their) specific identification and numbers; h) gross weight or other quantity units; (I) transport-related) with charges (charges for freight, miscellaneous charges, customs duties and other payments from the conclusion of the contract up to the time of delivery of goods); j) instructions required customs and other formalities; k) notice that, regardless of any contract of carriage, by the provisions of this Convention. 2. Where necessary, the invoice may contain the following information: a) a statement that transshipment is not allowed; b) payments which the sender undertakes to pay; (c) payment of the amount) payable at the place of delivery of goods; (d) determine the value of the goods) and the amount of interest specific procurement of cargo delivery; e) instructions sent to the carrier for cargo insurance; f) coordinate the date until which a shipment must be made; (g)) the carrier document list. 3. the Contracting Parties may include a packing slip to any other messages, which they recognize as necessary.


7. Article 1. The shipper shall be responsible for all expenses, loss and damage incurred by the carrier, and the inadequacy of improprieties: a) message specified in the article 6, paragraph 1, subparagraphs (b), (d))), e, f), (g))), h) and (j)); (b)), which specified the terms of article 6; (c)) in all other messages or instructions given by the shipper for the establishment of the packing slip or filing system. 2. If the request of the consignor, the carrier include a packing slip information relating to paragraph 1 of this article, it is considered that it is done in the name of the sender, until proven otherwise. 3. If the consignment note does not contain the statement specified in article 6, paragraph 1 (k)), the carrier shall be liable for all expenses, loss and damage which they suffer as a result of the failure of the person who has the right to handle the load.


8. Article 1. Assuming the load carrier should be examined: (a) the accuracy of the packing slip) records relating to the number of packages, their labels and numbers; (b)) of the goods and their packaging looks like. 2. If the carrier has no reasonable opportunity to verify the accuracy of the records referred to in paragraph 1 of this article, he should sign the Bill of lading and the reason for their opposition. In the same way he had to justify each of his objections in respect of the goods and their packaging external appearance. Such objections are not binding, unless the sender has specified a packing slip that agrees with them. 3. The sender has the right to require the carrier to check the gross weight of the cargo or its quantity, expressed in other units of measure. He can also request a check package content. The carrier has the right to require compensation for such checks; the results of the inspection record of receipt.


9. Article 1. Slip is the first proof of the conclusion of the contract of carriage, the contract conditions and the fact that the cargo is received by the carrier. 2. If the consignment note contains no specific reservations by the carrier, it is presumed, until proven otherwise, that the goods and their packaging looks like at the time when the carrier took the load was good, the number of packages, their labels and numbers coincided with the specified packing slip.



Article 10 the shipper is liable to the carrier for any damage caused to persons, damage to the equipment and cargo, as well as any costs associated with freight packing defects, unless the defect was apparent or known to the carrier at the time of acceptance of the goods and he had no objection to it.



Article 11




1. Customs and other formalities before the transfer of the cargo the consignor to the consignee accompanied by the necessary documents to the packing slip or the disposal of the carrier and give him all the information requested. 2. the carrier's responsibilities do not include check this document and the accuracy of the information and compliance with the requirements. The consignor is responsible in front of the carrier for damages sustained in the event of such documents and information, inaccuracies or due to low, with the exception of the transporter, the parties illegal actions or negligence. 3. The liability of the carrier for the packing slip and accompanying documents, of the loss or incorrect use of the consequences is that as a shipper, carrier, however, the amount of compensation paid may not exceed the amount that would be the cargo loss.



Article 12 1. Consignor has the right to dispose of the cargo, for example, to require the carrier to discontinue the carriage of the cargo, change location, which was intended to deliver the goods or issue a load other than the recipient specified in the Bill of lading. 2. the consignor shall lose this right from the moment when the second copy of the packing slip is issued to the beneficiary or the beneficiary uses his/her rights under paragraph 1 of article 13; Since then the carrier shall act on the instructions of the consignee. 3. the beneficiary's right of action, however, since the drafting of the packing slip, if the sender makes the following instructions on the packing slip. 4. If using their right of action, the beneficiary of the order to deliver the goods to another person, the other person is not entitled to name other consignees. 5. the right to dispose of the goods are used, subject to the following conditions: (a)) in case the consignor or as specified in the article, the consignee who wishes to exercise this right, shall be issued by the carrier invoices the first instance in which the new instructions to the carrier and shall indemnify the carrier against any costs and losses associated with these instructions; (b) the execution of the said instruction) is possible when the person who executes instructions, received it and does not impede the normal carrier not working, nor other shippers or recipients; (c)) that fails because of the instructions of the consignment Division. 6. If the carrier for the reasons indicated in paragraph 5 of this article), b can not execute instructions received, he shall immediately notify the person given him these instructions. 7. A carrier who has not complied with his instructions, taking into account the conditions laid down in this article, or completed, without requiring them to produce the first copy of the packing slip, is responsible in front of the person who has the right to raise a claim for losses in this respect.



1. After article 13 delivery of the cargo at the place of the recipient has the right to require the carrier to deliver to him, against a receipt of goods and invoice the other copy. If the cargo has been lost or cargo is not delivered within the time limit provided for in article 19, the consignee shall in their own name, the rights arising from the contract of carriage, the carrier may submit a claim. 2. A beneficiary who used in paragraph 1 of this article, to give him the rights, makes payments, which he should do by the provisions of the packing slip, but in the event of a dispute, the carrier should not be issued until the recipient of the goods does not guarantee payment.



Article 14 1. If for some reason it is or becomes impossible to perform the contract according to the rules defined in the invoice, before the cargo is delivered to the transfer site, the carrier requests instructions from the person in accordance with the provisions of article 12 shall have the right to dispose of the goods. 2. Nevertheless, if circumstances allow, with the transport conditions which are different from those specified in the consignment note and if the carrier, within a reasonable time could not receive instructions from the person in accordance with the provisions of article 12 shall have the right to dispose of the goods, the carrier shall take measures which they think best for the interest of the person who has the right to handle the load.



Article 15 1. If conditions prevent the transfer of the cargo after it was delivered to the place of receipt of the carrier requests instructions from the consignor. If the recipient refuses from the consignor has the right to dispose of the goods without the obligation to present the first copy of the packing slip. 2. If the beneficiary has abandoned his cargo, however, is entitled to claim delivery until the freight carrier is not received from the shipper's instructions to the contrary. 3. If the transfer of the immediate circumstances arise after the consignee, in exercising its right under article 12, paragraph 3, has given an order to deliver the goods to another person, then this article paragraphs 1 and 2 shall apply as if the recipient were a shipper, but the other person were the consignee. 16. Article 1. The carrier shall be entitled to recover the expenses related to the request or instructions the following instructions, if these costs are not related to the carrier's behaviour or negligence. 2. In the cases specified in paragraph 1 of article 14 and article 15, the carrier may immediately unload the goods to the person who has the right to dispose of the cargo, and then shipping is considered complete. Keep the cargo carrier in the interest of the person who is entitled to it. However, he may entrust custody to a third person and also in this case, he shall not be liable, except on prudence in the choice of the third party. Invoice payments and all other expenses shall remain chargeable against the goods. 3. the carrier may sell the goods, without awaiting instructions from the person entitled to deal with it when the shipment of perishable or serve as a justification for the State to take such action, or if the storage expenses would be infinitely large compared with the value of the goods. He can decide about the sale with the other cases, where the person having the right to dispose of the goods, after a reasonable period of time elapsed is not contrary to instructions received, and that the carrier may require the possibilities. 4. If the goods have been sold pursuant to this article, income from sales minus expenses chargeable against the goods, is to be held, of the person having the right to dispose of the goods. If these expenses exceed income from sales, the carrier shall be entitled to receive the difference. 5. In the case of sales procedures laid down by law or custom of the place where the goods are located.



Chapter 4 liability of the carrier article 17




1. the carrier shall be liable for the total or partial loss of cargo and about the damage that happened from the moment the shipment was accepted until the moment when the goods are handed over, as with the delivery delay for. 2. the carrier shall, however, be relieved of this liability, if the loss, damage or delay has occurred in illegal conduct or negligence, the plaintiff's instructions if it caused the carrier's illegal activities or omissions, or due to the nature of the circumstances which the carrier could not avoid and the consequences of which he was unable to prevent. 3. the carrier is not relieved of responsibility for carrying out the transport vehicle to defect, the person from whom he rented a vehicle and its agents or employees of the illegal conduct and negligence. 4. subject to article 18, 2., 3., 4. and 5, the carrier shall be relieved of this liability, if the loss or damage is associated with one or more of the following special conditions: (a) the risk) are used in open vehicles, uncovered when their use was specifically agreed and specified in the invoice; (b)) is missing or corrupted, the packaging in case the cargo by their characteristics may be dry or damaged, if it is not packaged properly or not well packed; (c)), the consignor, the consignee or persons acting on their behalf, handling, loading, unloading or transhipment; (d) the nature of the cargo) natural characteristics leads to partial or complete cargo loss or damage, especially the fragility, rusting, blowing, drying, ooze, normal depletion, moth or vermin activities; e) packaging is insufficient or not labeled and numbered; f) carrying live animals. 5. If, after this article, the carrier shall not be liable for loss, damage, delay, taking into account the circumstances in which they occurred, then he is liable only to the extent that the circumstances for which he is responsible, has contributed to the loss, damage or delay. Article 18 1. Prove that the loss or damage is caused by a delay in article 17, in the circumstances referred to in paragraph 2, it is the duty of the carrier. 2. If the carrier proves that the incident, the circumstances of the loss or damage could be attributed to one or more of the special risks conditions specified in article 17, paragraph 4, then they are made for a reason. However, the applicant has the right to prove that the loss or damage actually not wholly or partially attributable to one of these risks. 3. This presumption shall not apply in the circumstances referred to in article 17, paragraph 4 (a)), if the deficit is excessive or if a package is lost. 4. Where the transport is carried out on a vehicle which has special equipment for cargo protection from heat, cold, temperature or humidity, the carrier is not entitled to use as the basis for article 17, paragraph 4 (d)) shall, if he has not shown that, under the circumstances, all of them dependent on measures relating to such equipment selection, maintenance and use, and that he has noticed all the special instructions given to him. 5. The carrier is not entitled to use as the basis for article 17, paragraph 4 (f)), if he has not proven that all of his independent measures, subject to the conditions, and all have been given special instructions to him.



Article 19 delay the arrival of Goods is recognised when the goods are not delivered within the time agreed or when the time limit is specified, the actual duration of the carriage, without taking into account the conditions of carriage, particularly if, in the case of partial loading time, which would require full cargo loading] normally exceed the time that would be acceptable to the diligent carrier.



Article 20 1. The fact that the shipment is not delivered within 30 days after the agreed deadline, or, in the absence of harmonised time limit, within sixty days, since the carrier has accepted the goods, is irrefutable proof that the shipment has been lost, and the person has the right to impose requirements, you can treat it as lost. 2. a Person with such rights, and compensation for loss of cargo, may require immediate written notification when the shipment will be found in the year following the payment of compensation. This requirement that the person gives written consent. 3. within 30 days after receipt of such notification, the person listed above may be required to deliver its cargo for payment specified in this packing slip, as well as repayment of compensation received, minus the payments, but does not preclude the requirement to compensate for the delay of arrival after article 23 and, if applicable, by article 26. 4. If the requirements referred to in paragraph 2 or instruction is not filed within 30 days, as specified in article 3, or if the cargo has not found one year after the payment of compensation, the carrier shall have the right to dispose of the goods found under the law of the place where the goods are located.



Article 21 If the shipment is delivered to the consignee, the carrier does not receive the payment under the contract of carriage for delivery, the carrier shall, without prejudice to his right of action against the recipient, the sender is responsible for compensation, which shall not exceed the payment amount.



Article 22 1. If the sender transmits a carrier of dangerous goods, he shall inform the carrier of the exact dangers and, if necessary, indicate what precautions should be taken. If this information is not recorded on the consignment note, the shipper or the recipient otherwise to prove that the carrier is accurately known, any danger presented by such cargo transportation. 2. the dangerous goods for which a hazard under conditions specified in paragraph 1 of this article, the carrier is not known, he may at any time or place to unload, destroy or render harmless without compensation, and the sender is responsible for all costs, losses or damages incurred in transferring the transport of goods, or during transport.



1. When article 23 in accordance with the provisions of this Convention the carrier shall be liable for compensation in respect of total or partial loss of goods, such compensation shall be calculated according to the value of the goods at the place and time when it was accepted for carriage. 2. Load value is determined according to the price of the goods in the stock market or, in its absence, according to the market price, or, if no product stock prices, not market prices, according to the same type and quality of the goods to the normal price. 3. the compensation may not, however, exceed 25 francs per missing gross weight in kilograms. With the concept of «free» saying the gold franc containing 10/31 g gold with assay 900.4. Additionally, all cargo loss completely recoverable is the transport charges and customs duties, but the partial cargo loss, in proportion to the loss; other expenses are to be reimbursed. 5. in the case of Delay, if the plaintiff proves that because he has suffered damage, the carrier shall pay compensation for damages not exceeding the cost of transport. 6. Higher compensation may be claimed where the value of the goods or a special interest in delivery has been notified in accordance with article 24 and 26.



Article 24 of the premium agreed the sender can specify a packing slip load exceeding the value of article 23, paragraph 3 of the specified limits, and in this case, the value specified in the amount can exceed this limit.



25. Article 1. in case of damage to the cargo carrier to pay such amount as the value of the goods has declined, it is calculated from the load values determined in accordance with article 23, paragraph 2 and 4. 2. the compensation may not, however, exceed: (a)) which would have been required to pay any freight loss if the entire shipment is damaged; (b)) the amount that would pay for the damaged part of the loss, if only a portion of the shipment is damaged.



26. Article 1. consignor agreed premium may be communicated to the special interests of supply amount damage, loss or delays in the case of the time limit, the amount you record the receipt. 2. If you have a special interest in delivery, may claim compensation according to the reported interest on the amount of proven loss or damage, regardless of the compensation fixed for 23, 24 and 25.



Article 27 1. Plaintiff is entitled to request payment of refund interest. This percentage shall be 5 percent a year, run since the day when the request is sent to the carrier in writing or, if the claim had been filed, since the day on which the proposed lawsuit. 2. If the amount by which the refund is calculated, is not expressed in the currency of the country where payment is required, the conversion shall be made after the date of payment of compensation to the local exchange rate.



Article 28




1. where, in application of the law due to the loss, damage or delay, during transport in accordance with this Convention, non-contractual claim, the carrier may be based on the provisions of this Convention which exclude his liability or limit the compensation due. 2. in cases where the non-contractual liability for loss, damage or delay is required from any person with whom the carrier has obligations, and the provisions of article 3, the following persons may rely on the provisions of this Convention which exclude his liability or limit the compensation due.



29. Article 1. Carrier is not entitled to rely on the provisions of this chapter which exclude or limit his liability, the burden of proof, or if the damage is caused by his non-execution or deliberately malicious act, that court or Tribunal hearing the case, in accordance with the law shall be deemed to conform to the deliberate malicious action. 2. The same rules apply if you knowingly abuse or non-execution is done in the performance of their duties, carrier representatives, employees or any other persons whose services the carrier used during transport. In addition, in this case, these representatives, employees or other persons are not entitled to rely on the rules referred to in paragraph 1 in respect of their personal responsibility.



5. Chapter requirements and proceedings article 30 1. If, where the loss or damage is not in doubt, the recipient accepts the shipment, together with the carrier without checking carefully its condition or without sending the carrier, giving a general indication of the loss or damage, not later than the date of the adoption of the load, and in the case where the loss or damage is not noticeable in the seven days of the date of acceptance of the goods, except Sundays and public holidays, the fact of adoption is the first proof that cargo is received in the State as it is described in the Bill of lading. If the loss or damage is not apparent, the opposition must be in writing. 2. If the State of the beneficiary and the carrier has been carefully tested, evidence that is inconsistent with the findings of such verification is acceptable in the case of loss or damage is not apparent, and when the recipient of the order has sent a written objection to the carrier, within seven days after the date of the inspection of cargo, except Sundays and public holidays. 3. Compensation for delay in delivery does not have to pay, if the carrier does not have sent a written objection within twenty-one days after the day when the goods were placed at the disposal of the beneficiary. 4. the calculation of the time limit laid down in that article, the date of adoption or date of examination of the load or the date when the goods were placed at the disposal of the beneficiary, is not taken into account. 5. the carrier and the consignee shall give each other support, making possible the necessary studies and tests.



Article 31 1. controversial issues arising from the transport of this Convention, the plaintiff may bring a lawsuit in any Court of a Contracting State specified in its national courts, which are: (a)), the place where the defendant lives his main company, body or Office, that is a contract of carriage; (b)) the shipment or cargo space, and no other court. 2. In the case of any dispute referred to in paragraph 1 of this article, the Court which is competent in accordance with this paragraph or if, with respect to this controversial issue this Court has decided not to propose new litigation between the same parties on the same issues, except when the first trial decision is not enforceable in the country where the proposed new lawsuit. 3. when the controversial issue, which is applied to the paragraph 1 of this article, a Contracting State of the Court which is competent in accordance with this paragraph, has decided to run in the country, this decision becomes enforceable in any other Contracting States, as soon as you are satisfied in the country of adoption formalities. These formalities may not allow for substantive review. 4. the provisions of paragraph 3 are applicable to the judgments in default after the hearing, court judgments, court orders approved transactions, but is not applicable to interim judgements or decisions which impose on the claimant who refused his claims, the obligation to pay damages in addition to the court costs. 5. the lawsuit, proposed for carriage by this Convention, the security shall not be required of nationals of contracting Countries resident or business in one of these countries.



32. Article 1. The limitation period for claims to be lodged in court for traffic that is made in this Convention, shall be one year. However, deliberate malicious action, which according to the law, after which guided court or Tribunal hearing the case, considered as deliberate malicious action, the limitation period is three years. The limitation shall run: (a) a cargo transfer) since the days when the shipment partly lost, damaged or is overdue delivery period; (b)) since the 30th day following the expiry of an agreed delivery period or since the 60th day after the carrier has accepted the goods, if the delivery period had not been harmonized; c) since three months after contract conclusion on cargo in all other cases. The day on which the limitation period started, the limitation shall not be included. 2. A written claim shall suspend the period of limitation of the claim until the day when the carrier with a written statement of claim and rejected returns to her pielikto. The claims in the case of partial recognition of limitation time unfolds again only for the portion of the claim remains in force. Complaints received, responses to how to return the document to prove the facts to the party that based on these facts. The limitation is not suspended by papildpretenzij about the same thing. 3. subject to paragraph 2, the limitation is determined by the extension of the law the statement that guided the court handling the case. These laws also cause emerging rights. 4. claims for which the limitation period has elapsed, you can not use a counterclaim or objections.



Article 33 in the contract of carriage may be included in the article, which is recognised by the Tribunal, if this article provides that the Tribunal shall apply this Convention.



Chapter 6 the provisions relating to carriage by successive carriers article 34 if carriage with a single contract, sequentially through several road carriers, each of them is responsible for the entire carriage, and the second and each subsequent carrier, assuming cargo and packing slip, on the basis of the packing slip to become participants in the transport contract. 35. Article 1. Carrier that accepts cargo from the previous carrier, issued the last signed receipt that contains the selected date. He entered his name and address in the second copy of the packing slip. If it is necessary, he recorded the second copy of the Bill of lading and the receipt of objections, similar to that of article 8, paragraph 2. 2. the provisions of article 9, apply to the relations between successive carriers operate. 36. Article requirement due to responsibility for loss, damage or delay may be lodged only against the first carrier, the last carrier or the carrier who performed the carriage during which the loss occurred, damage, or delay, unless the complaint, filed in connection with the same contract of carriage, the hearing is filed a counterclaim or objections; the claim may be filed at the same time against several of these carriers. 37. Article carrier who has paid compensation in accordance with the provisions of this Convention, has the right to have the expenditure as well as the interest and all the costs associated with the consideration of the other carriers participating in the carriage, taking into account the following provisions: (a)) carrier which fault has caused the loss or damage is liable for compensation, regardless of whether it paid he or another carrier; (b)) if the loss or damage is the result of two or more carriers, each of them paid an amount which is in proportion to his share of liability; If it is not possible to split the liability, each carrier shall be liable in proportion to its share of the payment for the carriage which is due to him; (c)) where it is not possible to determine to which of the carriers has attributed blame for the loss or damage, the compensation amount is to be distributed between all the carriers as laid down in subparagraph (b)).



38. Article If one of the carriers is insolvent, the compensation payable and unpaid portion shall be allocated among the other carriers in proportion to the share of each payment due on the shipment.



39. Article




1. the carrier who brought by article 38 37. and may not challenge the charges that committed the carrier requesting, if the amount of compensation is determined by judicial authority after the first mentioned carrier had adequately warned about the suit and he was given the opportunity to participate in it. 2. A carrier wishing to propose a lawsuit to get yourself the right to remuneration, may submit their requests to the competent court or Tribunal of the country in which one of the carriers and their firm, the Department or agency through which was contracted for the transport and One of the accused in court proceedings can be all interested carriers. 3. Article 31, paragraph 3 and 4 are applicable to judgments of the Court in the proceedings referred to in article 37 and 38. 4. the provisions of article 32 shall apply the requirements of carriers shall submit to each other. Limitation period starts with the day with the final decision of the Court of justice by the provisions of this Convention has set the amount of compensation payable, or, in the absence of such a court decision is not, with actual contributions for the day.



Article 40 carriers may agree between themselves in terms that differ from those defined in article 37 and 38..



Chapter 7 non-appropriate treaty provisions article 41 withdrawal 1. Article 40 of the rules of the Treaty, with which, directly or indirectly, a derogation from the provisions of this Convention, is considered void. Such a provision does not lead to non-recognition of other contract provisions. 2. For example, void of any contract is recognised or similar article, after which the carrier obtains the benefits according to the cargo insurance contracts, as well as the articles for which the burden of proof is being repositioned to the other Contracting Party.



Chapter 8 final provisions article 42 1. this Convention is open for signature or adherence to ECE member States and the countries of this Commission in paragraph 8 of the agreement of the Commission to accept the Advisory status. 2. The countries that may be specific to participate in ECE activities in accordance with the Commission's actions, paragraph 11 of the agreement may become Contracting Parties to this Convention by acceding to its entry into force. 3. the Convention shall be open for signature until 31 august 1956 inclusive. Then it will be open to join. 4. This Convention is ratificējam. 5. Ratification or accession is realized by hand delivery of the document to the Secretary-General of the United Nations.



43. Article 1. this Convention shall enter into force on the ninetieth day after five of the paragraph 1 of article 42 of the said countries have deposited their instruments of ratification or in store-accession. 2. for each State that after five States have deposited their instruments of ratification or deposited instruments of accession to, or ratification of, accession to this Convention shall enter into force on the 90th day after this country's instrument of ratification or accession for the transfer.



44. Article 1 each Contracting Party may denounce this Convention by submitting to the Secretary-General of the United Nations the notification. 2. Denunciation shall take effect twelve months after the date on which the notification is received by the Secretary-General.



Article 45 if, after the entry into force of this Convention, the number of Contracting Parties as a result of the denunciation has become less than five, the Convention is cancelled since the day when the last of these denunciation obtained power.



46. Article 1. each country's instrument of ratification or accession, or at the time of the transfer, at any time after submitting to the Secretary-General of the United Nations the notification, declare that this Convention shall extend to all or some of its territories for whose international relations it is responsible. The Convention will apply to the notification area or on the territories since 1990, when the Secretary General received the notification referred to, or, if on that day the Convention has not yet entered into force, will be then since its entry into force. 2. each country in accordance with the preceding paragraph has stated that this Convention shall apply to any of the territories for whose international relations it is responsible may denounce the Convention separately in respect of that territory, in accordance with the provisions of article 44.



Article 47 any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention, if the parties cannot settle the conversation or in any other way, may, at the suggestion of either Contracting Party shall be referred to the International Court of Justice.



48. Article 1 each Contracting Party when signing or ratifying or acceding to this Convention, declare that it does not consider itself bound by article 47 of the Convention. The other Contracting Parties not related to article 47 in relation to each of the Contracting Parties, which made such a reservation. 2. each Contracting Party that made the reservations, may at any time withdraw it by submitting to the Secretary-General of the United Nations the notification. 3. no other reservations to this Convention are not permitted. 49. Article 1. After this Convention has been in force for three years, any Contracting Party shall, upon application to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing the Convention. The Secretary-General shall notify all Contracting Parties of the request and shall convene a Conference to review the Convention, four months after their notification, not less than one-fourth of the Contracting Parties declare that agrees with this requirement. 2. If, pursuant to the preceding paragraph, the Conference shall be convened by the Secretary General shall notify all the Contracting Parties and invite them to submit within a period of three months such proposals as they wish the Conference to consider. The Secretary-General shall circulate to all Contracting Parties the provisional agenda of the Conference, as well as the texts of these proposals, at least three months before the start of the Conference. 3. the Secretary-General shall invite to any pursuant to this article shall be convened a Conference of all article 42 paragraph 1 contains the countries as well as countries which have become Contracting Parties under article 42, paragraph 2. 50. Article 49 lays down extra. statements by the Secretary-General of the United Nations shall notify the article 42 States referred to in paragraph 1, and countries which become Contracting Parties in accordance with paragraph 2 of article 42: (a) the ratification and accession) in accordance with article 42; (b)) on the entry into force of this Convention in accordance with article 43 date; (c)) on the denunciation under article 44; (d) the withdrawal of this Convention) according to article 45; e) for notifications received in accordance with article 46; f) on applications and notifications received pursuant to article 51 After 31 august 1956 the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall send certified copies to each Member State referred to in article 42 1 and 2. In witness whereof, the undersigned, being duly authorized thereto, have signed this in the Convention: Geneva, prepared thousand nine hundred fifty-sixth year of the nineteenth of may a single original in the English and French languages, the two texts are equally authentic.

The signing of the Protocol to the Convention on the contract for the international carriage by road at the time of signature, the undersigned, being duly authorized, have agreed to make the following statement and explanation: 1. this Convention shall not apply to traffic between the United Kingdom of Great Britain and Northern Ireland and the Irish Republic. 2. Article 1, paragraph 4: Signed to undertake to negotiate conventions governing contracts for the carriage of goods and traveller combined transport. In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol. Prepared in Geneva, one thousand nine hundred and fifty-sixth year of the nineteenth of may a single original in the English and French languages, both texts being equally authentic.

PROTOCOL to the Convention on the CONTRACT for the international carriage of goods by road (CMR), Geneva, 5 July 1978 the parties to this Protocol, being the Convention on the contract for the international carriage of goods, held in Geneva on 19 May 1956, the parties agreed on the following: article 1




In this Protocol, with the concept of «Convention» to understand the Convention on the contract for the international carriage of goods by road (CMR). Article 2 of the Convention article 23 is corrected as follows: 1. the text of paragraph 3, replace by the following text: «3. the compensation may not, however, exceed the 8.33 calculation unit of missing gross weight in kilograms. " 2. This article added to the 7, 8 and 9 points: «7. This Convention the calculation unit is defined by the International Monetary Fund in the special import rights unit. In paragraph 3 of this article, that amount is converted into the currency of the country where the court hearing the case, based on the value of the currency on the day of the reading of the judgment, or on a date agreed between the parties. The International Monetary Fund, the national currency of the Member State, set the value in the import of special law, is calculated by the evaluation methods for the examination of the question of the day used in its operations and transactions involving the International Monetary Fund. A State that is a member of the International Monetary Fund, the value of the national currency, certain special import law, is calculated according to the method laid down by this country. 8. However, a State that is a member of the International Monetary Fund and whose law does not permit the application of this article, may, when ratifying a protocol to the CMR, joining then or at any time afterwards, declare that paragraph 3 of this article, in the limits of liability applicable to this territory, there are 25 currency values. At this point the specified currency unit corresponds to 10-31 grams of gold fineness. 900. The amount specified in this paragraph, the conversion of national currency in accordance with the laws of the country concerned. 9. in paragraph 7 of this article, the last sentence of the above calculation and paragraph 8 of this article, the conversion shall be carried out referred to in such a way that the national currency as close as possible to the expressed in paragraph 3 of this article, amounts on real value, expressed in units of calculation. The State shall notify the Secretary-General of the United Nations for the calculation method according to paragraph 7 of this article and always when the calculation method is changed, as well as the conversion of the results according to paragraph 8 of this article, shall submit the documents specified in article 3 of the Protocol to the CMR.» Final provisions article 3 1. this Protocol shall be open for signature by the States which have signed or acceded to the Convention and is a member of the Economic Commission for Europe or have been admitted to this Commission with advisory status after the activities of the Commission in paragraph 8 of the agreement. 2. This Protocol shall remain open to accession by any in the paragraph 1 of this article that State that is a Contracting Party to the Convention. 3. A State that may participate in certain activities of the Economic Commission for Europe will be according to the activities of the Commission and paragraph 11 of the agreement, are party to the Convention may become Contracting Parties to the Protocol, joining it after its entry into force. 4. this Protocol shall be open for signature in Geneva from 1 September 1978 to august 1979 to 31 inclusive. Then it will be open to join. 5. this Protocol shall be subject to ratification after the State concerned is ratified by the Convention or accede to it. 6. ratification or accession to the Protocol occurs by passing documents to the Secretary-General of the United Nations. 7. each document of ratification or accession, which is deposited by the amendment to this Protocol, which applies to all the Contracting Parties, or after the entry into force of all the measures for this fix to take effect for all Contracting Parties, is considered to belong to the correct protocol. 4. Article 1 this Protocol shall enter into force on the ninetieth day after five of the article 3 of this Protocol, 1. and 2. the countries referred to in paragraph 1 shall be deposited in their own instrument of ratification or accession. 2. for each State that after five States have deposited their instruments of ratification of or accession to this Protocol shall be ratified or joined it, this Protocol shall enter into force on the 90th day after this country's instrument of ratification or instrument of accession. 1. Article 5, each Contracting Party may denounce this Protocol by the Secretary-General of the United Nations the notification. 2. the Denunciation takes effect for twelve months after the date of receipt of that notification, the Secretary-General has received an application for denunciation. 3. each Contracting Party which ceases to be a party to the Convention, on the same date cease to be a party to this Protocol. Article 6 If, after the entry into force of this Protocol, the number of Contracting Parties as a result of the denunciation has become less than five, this Protocol ceases to be in effect since the day when the last of these denunciation obtained power. It also ceases to be valid since the day when the Convention ceases to be in force. 7. Article 1. Each country ratification or accession during or at any time thereafter, declare by submitting to the Secretary-General of the United Nations the notification that this Protocol applies to all or some of the territories for whose international relations it is responsible and which interests pursuant to it shall submit an application in accordance with article 46 of the Convention. This Protocol shall apply to the notification of the territory or territories named in the 90s the day after it is received by the Secretary-General of the notification or, if on that day the Protocol has not yet entered into force since the date of its entry into force. 2. each State under the preceding paragraph has announced that the Protocol applies to any of the territories for whose international relations it is responsible may denounce the Protocol separately in respect of that territory, in accordance with the provisions of article 5. Article 8 any dispute between two or more Contracting Parties concerning the interpretation or application of this Protocol by any of the Contracting Parties may be referred to the International Court of Justice, if the parties cannot settle the conversation or in any other way. 1. Article 9 each Contracting Party when signing, ratifying or acceding to this Protocol, it may be submitted to the Secretary-General of the United Nations the notification that it does not consider itself bound by article 8 of this Protocol. The other Contracting Parties not related to article 8 of this Protocol in respect of each of the Contracting Parties, which made such a reservation. 2. the application referred to in paragraph 1 may be withdrawn at any time, submit to the Secretary-General of the United Nations the notification. 3. no other reservation to this Protocol.



1. Article 10 after this Protocol has been in force for three years, each Contracting Party may request that a conference be convened for the revision of this Protocol, applications are submitted to the Secretary-General of the United Nations. The Secretary-General shall notify all Contracting Parties of the request and shall convene a Conference for review of the Protocol, if four months after their notification, not less than one-fourth of the Contracting Parties declare that agrees with this requirement. 2. If, pursuant to the preceding paragraph, the Conference shall be convened by the Secretary General shall notify all the Contracting Parties and invite them to submit within a period of three months such proposals as they wish the Conference to consider. The Secretary-General shall circulate to all Contracting Parties the provisional agenda for the Conference, and the text of these proposals, at least three months before the start of the Conference. 3. the Secretary-General shall invite to any pursuant to this article shall be convened a Conference of all article 3 1 and 2 of the above countries. as with the countries which have become Contracting Parties pursuant to article 3 of this Protocol, paragraph 3. Article 11 article 10 additional statements by the Secretary-General of the United Nations shall notify the article 3 1 and 2 of the above countries and countries which become Contracting Parties in accordance with article 3 of this Protocol, paragraph 3: (a) ratification and accession) of the in accordance with article 3; b) on the date of entry into force of the present Protocol under article 4; (c)) on the notifications received in connection with article 2, paragraph 2; (d)) on the denunciation under article 5; e this Protocol) for the expiry review pursuant to article 6; (f)) for notifications received pursuant to article 7; (g)) of the applications and notifications received pursuant to article 9(1) and (2). Article 12 After august 31, 1979 the original of this Protocol shall be deposited with the Secretary-General of the United Nations, who shall send certified copies to each Member State referred to in article 3 of this Protocol, 1, 2, and 3. Prepared in Geneva, one thousand nine hundred and seventy-eighth year on the fifth of July a single original in the English and French languages, both texts being equally authentic. In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol on behalf of the following countries.