LAW No. 24 of 12 March 1992 for Romania's accession to the Convention on the sale of prescription in terms of international goods, concluded at New York on 14 June 1974, and the Protocol to amend the Vienna PARLIAMENT ISSUING Published in MONITORUL OFICIAL NR. 46 of 20 March 1992 Article Romania accede to the SINGLE Convention on prescription in terms of international goods sale, done at New York on 14 June 1974, and the Protocol amending the Convention, done at Vienna April 11, 1980.
Appendix 1 CONVENTION on the sale of prescription in terms of international goods Chapter 1 General provisions Article 1 scope 1. This Convention determines the conditions under which the rights and mutual actions of a buyer and a seller, arising from a contract of international sale of goods, or relating to an irregularity in this contract, its nullity or termination times, can no longer be exercised following the expiration of a certain period of time. This time frame is assigned in this Convention the term limitation period.
2. this Convention does not affect a term during which a party shall notify the other party or to carry out any act, other than proceedings, under penalty of not being able to exercise the right.
3. In this Convention: (a) buyer seller terms), and designates persons who buy or sell or who have committed to buy or to sell their goods and their persons, or successors are given cause concerning the rights and obligations of the contract of sale decurgind;
b) creditor shall designate any part which claim a right, whether it does or does not relate to the payment of a sum of money;
c) debtor designates either side against whom a creditor claim a right;
d) the term of the contract shall be subject to any default by a party of its obligations or any execution that does not confer with the contract;
procedure term) means any court proceedings, arbitration or administrative;
the term person) must understand both any society, association or entity, whether public or private, able to engage in legal proceedings;
the term entered) must understand the communications by telegram or by telex;
h) term designating a year year counted after the gregorian calendar.
Article 2 for the purposes of this Convention: (a) a contract of sale) of goods shall be regarded as having an international character if, at the time of conclusion of the contract, the buyer and seller are established in different States;
(b) the parties have very little) based in different States may be taken into account unless it is clear from the contract or the negotiations between the parties or from information given to them before the conclusion of the contract or at the moment;
c) If a party to a contract for sale of goods has offices in more than one State, the seat is the one who has most close connection with the contract and its execution, taking into account the circumstances known to or contemplated by them at the time of conclusion of the contract;
d) If a party does not have a registered office, shall have regard to his residence;
(e) the nationality of the parties nor) neither quality or civil or commercial character of the parties or of the contract are not taken into account.
Article 3 1. This Convention shall not apply unless, at the time of conclusion of the contract, the parties of a contract of sale of goods are established in the Contracting States.
2. except otherwise this Convention, they shall apply without regard to the law which would be applicable in private international law rules.
3. this Convention shall not apply when the parties have expressly excluded its application.
Article 4 This Convention does not cover retail: objects of movable tangible property) purchased for personal use, family or home appliances;
b) at auctions;
c) result of seizure or any other judicial authority in a row;
d) securities and currencies trade effects;
e) of ships, boats and aircraft;
f) of electricity.
Article 5, this Convention shall not apply to rights based on: (a) any damage or body) the death of a person;
(b) any loss or injury caused) by the nuclear work sold;
c) any privilege, lien or other measure asiguratorie;
d) any decision or sentence handed down following a procedure;
e) any law enforcement where enforcement is sought;
f) any promissory note or any cheque or ticket order.
Article 6 1. This Convention shall not apply to contracts in which the buyer's duties mainly consist of a supply of mine or of other services.
2. Are assimilated to sales contracts for the supply of goods to be manufactured or produced, except if the party ordering work must not provide an essential part of the necessary elements of such manufacturing or production.
Article 7 interpretation and application of this Convention shall take account of the international character and to the need to promote uniformity.
Article 8 of the Statute of limitations is 4 years.
Article 9 1. Subject to the provisions of article 3. 10, 11 and 12, the limitation period shall run from the date on which the action may be exercised.
2. the starting point of the limitation period is not substantially brakes: a) when a party notify the other party within the meaning of paragraph 2 of the first article, or b) when Arbitration Convention provides that any law will not arise so much as an arbitral award will not have been pronounced.
Article 10 1. Rezultind action from a breach of contract may be exercised as of the date on which this violation occurred.
2. An action supported on the lack of conformity of things may be exercised as of the date on which the work was effectively delivered to the purchaser or submit work rejected by purchaser.
3. An action which is supported on an illustrious before conclusion of contract manipulation or at the time of conclusion or rezultind from subsequent fraudulent maneuvers can be exercised, pursuant to art. 9, beginning with the date on which the fact was, or ought reasonably to have been discovered.
Article 11 If seller has given regarding work sold, valid for the duration of the express warranty of a particular term or determined otherwise, the limitation period of an action supported on the warranty begins to run on the date on which the buyer will notify the buyer that motivates his action and exercise, starting from the expiry date of the guarantee.
Article 12 1. When, in the cases provided for by the law applicable to the contract, one party declares the annulment of the contract before the date fixed for its execution, the Statute of limitations flowing from the date on which the Declaration is addressed to the other party. If the annulment of the contract is declared before the date set for execution, the limitation period does not flow only from that date.
2. the period of limitation of any right resting on the failure by a party to a contract or staggered payments benefits of visitor flows for each of the successive execution obligation, starting from the date on which the failure affecting them has occurred. When according to the law applicable to the contract, a portion of this declared the annulment of the contract following neexecutari, the Statute of limitations of all the successive execution obligations flowing from the date on which the Declaration is addressed to the other party.
Article 13 termination of the flow and the extension of the initial Term of limitation ceases to flow when the lender performs any act which the appellate jurisdiction Act, is considered the introductory legal proceedings against the debtor. Likewise, when the lender shall formulate a procedure already engaged a claim that express the will to put in value its right against the debtor.
Article 14 1. When the parties have agreed to submit their dispute to arbitration, the limitation period shall cease as from the date of starting of the flow at which one of the parties the arbitration procedure in the manner prescribed by the arbitration agreement or by applicable law insolvency proceedings.
2. In the absence of provisions in this regard, arbitration procedure is considered committed after the date on which the request for arbitration shall be notified to the residence or seat of the other party or, in the absence, at his last residence or last known headquarters.
Article 15 In any proceedings other than those referred to in article 1. 13 and 14 the term of limitation ceases to run when its enforcement or lender to obtain recognition or enforcement, subject to the provisions of law reglementind this procedure.
As inter alia the procedures used in connection with the death or: (a) failure of the debtor);
b) bankruptcy or insolvency of any situations on all assets of debtors; or (c) the winding-up or liquidation) a society, association or entity, when it is the debtor.
In the interest of what infaptuirii include art. 13, 14 and 15, a counterclaim is deemed to have been entered at the same time as the Act on the law to which it is opposed, provided that both the main demand and counterclaim to arise from the same contract or in many contracts during the same operation.
Article 17 1. When the proceeding was brought under art. 14 and 15 or 16 before the expiry of the limitation period, it is deemed to flow if the procedure has been terminated without a decision having been handed down over the pricinei Fund.
2. where, at the end of this procedure, the limitation period is found expired or was supposed to expire in less than a year, the lender shall have a term of one year with effect from the conclusion of the proceedings.
Article 18 1. A procedure brought against a debtor makes an end face of a prescribed course of codebitor if the creditor jointly and severally shall inform the latter, in writing, of the introduction of the procedure before the expiry of the limitation period provided for in this Convention.
2. where a procedure is introduced by a subdobinditor against the buyer, the limitation period provided for in this Convention ceases to flow, as regards recourse to the purchaser against the seller if the buyer has informed the seller in writing before the expiration of the term about 17.4% compared to the introduction of the procedure.
3. When the procedure endorsed in subparagraphs 1 and 2 of this article has been concluded, the limitation period of the appeal against the debtor or creditor of the buyer against the seller or jointly is considered not to have ceased to flow under paragraphs 1 and 2 of this article, the creditor or purchaser has, however, have an additional period of one year from the date on which the procedure has been concluded If at that time the Statute of limitations has reached expiry or if she is still to flow less than a year.
Article 19 When a creditor in the State where the latter commits the debtor has its registered office or before the expiry of the limitation period, an act other than those referred to in article 1. 13, 14, 15 and 16 that, by the law of that State has the effect of reopening a limitation period, a new 4-year term shall start from the date fixed by this law.
Article 20 1. When before the expiry of the limitation period recognizes the obligation of the debtor in writing his lender, a new limitation period of four years shall start from the recognition itself.
2. payment of the interest or partial execution of an obligation by the debtor has the same effect for the application of paragraph 1 of this article in recognition, if rationally can be deducted from this payment or execution of it as its obligation to recognize the debtor.
Article 21 When compared with what the circumstances are not attributable to and that we can neither avoid nor overcome them, the lender is unable to make her stop the course of prescription, the term shall be extended by one year, starting from the time when "circumstances have ceased to exist.
Article 22 Amendment of the deadline prescribed by the parties 1. The Statute of limitations cannot be changed, nor the course or changed, by a declaration of the parties or on the path to an agreement among themselves, except as provided in paragraph 2.
2. The debtor may at any time during the term of limitation, to extend this period by means of a written statement addressed to the creditor. This statement may be renewed.
3. The provisions of this article shall not affect the validity of any of the clauses of the agreement the arbitration procedure stipulind as may be employed in a shorter limitation period than that which is required by this Convention, provided that clause to be called valid in relation to the law applicable to the contract of sale.
Article 23 Limitation of limitation General Without regard to the provisions of this Convention, any limitation period expires the latest 10 years after the date on which it began to flow in accordance with art. 9, 10, 11 and 12 of this Convention.
Article 24 the effects of the expiry of the Statute of limitations expiry of limitation shall not be taken into account in any proceedings unless it is invoked by the party concerned.
Article 25 1. Subject to the provisions of paragraph 2 of this article and of article 23. 24, no right is not recognized nor becomes enforceable in any proceedings commenced after the expiry of the limitation period.
2. without regard to the expiry of the limitation period, a party may invoke a right to oppose him and the other as a means of Defense or compensation, provided in the latter case: a) the two claims to be born out of the same contract or several contracts in the course of the same transaction, or b), claims to have been subject of compensation at a time some more before the expiry of the limitation period.
Article 26 if the debtor performs his obligation after the expiration of the limitation period, he is not entitled to a refund, even if the ignoreaza at the time of execution of its obligation as the Statute of limitations expired.
Article 27 the expiry of the limitation period with respect to the main part of the debt has the same effect with regard to its interest.
Article 28 of the limitation period Calculation 1. The limitation period shall be calculated so as to expire at midnight of the day whose date corresponds to that from which the term began to flow. In the absence of adequate data, the limitation period shall expire at midnight of the last day of the last month of the term.
2. The limitation period shall be calculated by reference to the date where the procedure is employed.
Article 29 if the last day of the period of limitation is holiday or any day of vacation, undermining judicial procedure to be started in the jurisdiction where the lender employs a judicial proceeding or claim a right, such as provided for in article. 13, 14 or 15, the limitation period is extended so that to comprise the first useful day which follows the said holidays or vacation day.
Article 30 in the interests of international Effect of this Convention, acts and circumstances referred to in article 1. 13-19 who have been completed or have made in a Contracting State will produce its full effect in another Contracting State, provided that the creditor is to be made all efforts to ensure that the debtor is informed about this in the short term.
Chapter 2 implementing measures Article 31 1. Any Contracting State which comprises two or more territorial units in which, according to its Constitution, applies to different systems of law in the matters governed by this Convention, will be able, at the time of signature, ratification or questioning, declare that this Convention shall apply to all its territorial units or only to one or more of them and we can at any time amend this statement making a new statement.
2. These declarations shall be communicated to the Secretary-General of the United Nations and will indicate expressly the territorial units to which the Convention applies.
3. If a Contracting State referred to in paragraph 1 of this article shall not make any statement on the occasion of the signing, ratification or accession the Convention will apply to the entire territory of that State.
Article 32 When, in this Convention the law of a State where different legal systems apply, this reference shall be construed as making reference to the law legal system which is under consideration.
Article 33 Each Contracting State shall apply the provisions of this Convention to contracts which have been concluded with effect from the entry into force of the Convention.
Chapter 3 Article 34 reservations and Statements by two or more Contracting States may at any time declare that the sale contracts entered into between persons having established in the territory of one of these States and buyers having established in the territory of another of those States will not be covered by this Convention as, on the subjects they address them, they apply the same or closely related legal rules.
Article 35 Any Contracting State may declare, when depositing the instrument of ratification or accession, or that it will not apply the provisions of this Convention the actions in contract cancellation.
Article 36 Any Contracting State may declare, when depositing the instrument of ratification or accession, or that it is not obliged to apply the provisions of article 4. 24 of this Convention.
Article 37 the present Convention shall not derogate from conventions already concluded or will end and that contain provisions relating to subjects covered by this Convention, provided that seller and buyer have their headquarters in the States-parties to the Convention.
Article 38 1. Any Contracting State which is a party to a Convention concerning international existence selling of movable tangible property may declare, when depositing the instrument of ratification or accession, or that it will apply this Convention exclusive contracts for the international sale of goods as defined in this Convention.
2. This declaration shall cease to have effect on the first day of the month following the expiration of a period of 12 months after a new Convention on the international sale of goods, concluded under the auspices of the United Nations, they Organize will be entered into force.
Article 39 any book other than those made under art. 34, 35 and 38 of this Convention, shall not be authorized.
Article 40 1. Statements made in the application of this Convention will address the Secretary-General of the United Nations and will gain effect upon the entry into force of this Convention compared with the reporting State. Statements made in this entry to the posterior force will gain effect the first day of the month following the expiration of a period of 6 months from the date of receipt by the Secretary-General of the United Nations.
2. Any State which has made a declaration in the power of this Convention may at any time to withdraw it by notification addressed to the Secretary general of the United Nations. This withdrawal takes effect on the first day of the month following the expiration of a period of six months following the date on which the Secretary-General of the United Nations will be notified.
In the case of statements made in the power of art. 34, it will attract both from lapsing, takes effect when any reciprocal declaration made by another State in the same article.
Chapter 4 final provisions Article 41 this Convention shall be open to signature by all States at United Nations Headquarters, until 31 December 1975.
Article 42 this Convention is subject to ratification. The instruments of ratification will be submitted under the auspices of the Secretary of the United Nations.
Article 43 this Convention shall remain open to accession by any State. Instruments of accession shall be deposited under the auspices of the Secretary-General of the United Nations for their Organization.
Article 44 1. This Convention shall enter into force on the first day of the month following the expiry of a period of six months following the date of deposit of the sixth instrument of ratification or accession.
2. For each of the States that will ratify the Convention or to accede to it after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the first day of the month following the expiration of a period of six months following the date of deposit by such State of the related debate or ratification or accession.
Article 45 1. Each Contracting State shall be able to denounce this Convention by notification addressed to the Secretary general for this purpose of the United Nations.
2. The denunciation will take effect on the first day of the month following the expiration of a period of 12 months from the date of receipt of the notification by the Secretary-General of the United Nations.
Article 46 the original of this Convention, whose texts the English, French, Spanish, Chinese and Russian are equally authentic, will be deposited under the auspices of the Secretary-General of the United Nations.
Annex 2 PROTOCOL amending the 1974 Convention on the prescription in terms of international goods sale Article 1 1. Paragraph 1 of article 3. 3 shall be replaced by the following: "1. this Convention shall not apply to: (a)) than if, at the time of conclusion of the contract, the parties to an international contract of sale of goods are established in the Contracting States;
b) if the rules of private international law applicable to the contract of sale do the law of a Contracting State. "
2. Paragraph 2 of article 4. 3 Remove.
3. paragraph 3 of article 7. 3 thus becomes paragraph 2.
Article 2 1. Paragraphs 1 and 2. the article) 4 is discarded and replaced by the following provision: "the object of movable tangible property) purchased for personal use, a family or home appliances, except if the seller at a certain moment before or even after the end of the contract, did not know and could not have been assumed to know that those items were bought for any such use."
2. Paragraphs 2 and 3. e) art. 4 is discarded and replaced by the following: "e) of ships, ships, hovercrafts and aircraft."
The new paragraph 4 of article 3 which follows does add to the art. 31: ' 4. If the strength of a declaration made under this article, this Convention applies to one or more territorial units of a Contracting State, but not at all, and if a party to the contract is located in this State, this Office will be considered, for the purposes of this Convention, as being located in a Contracting State, except where this is not located in a territorial unit to which the Convention applies. "
Article 4 Article 4. 34 are removed and replaced by the following: "1. Two or more Contracting States, the subjects covered by this Convention, apply identical or closely related legal rules may, at any time, declare that the Convention shall not apply to contracts for the international sale of goods, when the parties have their main headquarters in those States. Such statements can be made together or be unilateral and reciprocal. "" 2. A Contracting State which, in the subjects covered by this Convention apply legal rules identical or close to those of one or more non-Contracting States may, at any time, declare that the Convention shall not apply to contracts for the international sale of goods when the parties are established in those countries. "" 3. When a State against which a declaration was made in paragraph 2 of this article becomes a Contracting State subsequently mentioned statement will, with effect from the date on which this Convention will enter into force towards this new Contracting State, the effects of statements made in paragraph 1, provided that the new Contracting State to join in it or make a unilateral statement by way of each other. "
Article 5 the provisions of art. 37 are removed and replaced by the following: "this Convention does not prevail over an international agreement already concluded or to be concluded, which includes provisions regarding the subjects covered by this Convention, provided that the seller and buyer to have their headquarters in the States-parties to the agreement."
Article 6 the following is added at the Disposal end of paragraph 1 of article 3. 40: "unilateral Declarations made in mutual strength and art. 34 will gain effect the first day of the month following the expiration of a period of six months following the date of receipt of the final statements by the Secretary-General of the United Nations. "
Final provisions article 7 the Secretary general of the United Nations is hereby designated as the depositary of this protocol.
Article 8 1. This protocol shall be open for accession by any State.
2. Accession to this protocol, by a State which is not a Contracting Party to the Convention of 1974 on the prescription will have the effect of a aderari at the Convention such as amended by this protocol, the provisions of article subject. XI. 3. Instruments of accession shall be deposited under the auspices of the Secretary-General of the United Nations.
Article 9 1. This protocol shall enter into force on the first day of the sixth month following that of deposit of the second instrument of accession, provided that: (a) the 1974 Convention) on the prescription itself to be in force on that date, and (b)) that the Convention of 1980 on the sale to be in force on that date.
If these conventions are not both in force on that date, this protocol shall enter into force on the day on which even both will be in force.
2. For each of the States that will accede to this protocol after the second instrument of accession has been deposited, this protocol shall enter into force on the first day of the sixth month following depositing the instrument of accession, or if the Protocol is in force. If the Protocol is not in force, will enter into force with respect to that State on the date of its entry into force.
Article 10 if a State ratifying Convention of 1974 on the prescription or accede to it after the entry into force of this protocol, this ratification or accession, this will also constitute an accession to this protocol, provided that the State addressed to the depositary a notification to this effect.
Article 11 any State which becomes a Contracting Party to the Convention of 1974 on the prescription, as modified by this protocol in the power of art. 8 article. 9 or art. 10 of this protocol, and which has sent a notice to the contrary, the depositary will be considered to be also Contracting Parties to the Convention of 1974 on the prescription not in its relations with any other Contracting Party to this Convention which last did not become a Contracting Party to this protocol.
Article 12 any State may declare, when depositing the instrument of accession or the notification or in the power of art. 10, it will not be bound by article 1. 1 of the Protocol. A statement in this article will have to be made in writing and formally notified to the depositary.
Article 13 1. Any Contracting State shall be able to denounce this protocol by notification addressed to the depositary for this purpose.
2. The denunciation will take effect on the first day of the month following the expiration of a period of 12 months counted from the date of receipt of the notification by the depositary.
3. Any Contracting State to which this protocol shall cease to have effect in application of paragraphs 1 and 2 of this article will be a Contracting Party to the Convention of 1974 on the prescription, unaltered, apart from the denunciation of this Convention to transactions carried out in accordance with art. 45. Article 14 1. The depositary shall transmit to all States a copy certificate for conformity of that protocol.
2. When this protocol will enter into force in accordance with article 5. 9, the depositary will establish the text of the Convention of 1974 on the prescription, as amended by this protocol, and will submit a copy of the certificate for the compliance of all States parties to the Convention called, as amended by this protocol.
Done at Vienna, April one thousand new eleven hundred and eighty, in a single original, of which the English texts, arab, Chinese, Spanish, French and Russian are equally authentic.