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Law No. 24 Of 12 March 1992

Original Language Title:  LEGE nr. 24 din 12 martie 1992

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LEGE No. 24 of March 12, 1992 for the accession of Romania to the Convention on the Prescription in the field of international sale of goods, concluded in New York on 14 June 1974, and the Amending Protocol in Vienna
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 46 of 20 March 1992



+ Article UNIC Romania adheres to the Convention on the Prescription in the field of international sale of goods, concluded in New York on 14 June 1974, and to the Protocol amending the Convention, concluded in Vienna on 11 April 1980. + Annex 1 CONVENTION on the prescription of international sales of goods + Chapter 1 General provisions + Article 1 Scope of application 1. This Convention determines the conditions under which the reciprocal rights and actions of a purchaser and a seller, born from an international sale contract of tangible movable property, or relating to a contravention thereto contract, termination or nullity, can no longer be exercised due to the expiry of a certain time frame. This time frame shall be designated in this Convention by the term limitation period. 2. This Convention shall not affect a period during which a Party must notify the other or perform any act other than the opening of a proceeding under the sanction of not being able to exercise its right. 3. In this Convention: a) the terms buyer, seller and party designate persons who buy or sell or who have committed to buy or sell tangible movable property and persons who are their successors or having the cause of rights and obligations arising of the sale contract; b) the term creditor designates any party that capitalizes on a right, whether it has or does not object to the payment of a sum of money; c) the term debtor designates any party against which a creditor leverages a right d) the expression of the contract shall mean any non-performance by a part of its obligations or any performance which does not confer with the contract; e) the term of procedure shall mean any judicial, arbitral or administrative procedure; f) by the term the person must be understood both any society, association or entity, whether public or private, capable of acting in justice; g) the term of office must be understood, both, the communications addressed by telegram or by telex; h) the term year designates one year after the Gregorian calendar. + Article 2 For the purposes of this Convention: a) a contract for the sale of tangible movable property is considered as having an international character if, at the time of conclusion of the contract, the buyer and the seller are based in different states; b) the fact that the parties are based in different States may not be taken into account unless it is apparent from the contract or the negotiations between the parties or the information given by them before the conclusion of the contract or at this time; c) if a party in a contract for the sale of tangible movable property has premises in more than one state, the seat shall be the most closely connected with the contract and its execution, taking into account the circumstances known by the parties; or considered by them at the time of conclusion of the contract; d) if a party does not have a seat, the usual residence shall be considered; e) neither the nationality of the parties nor the quality or civil or commercial character of the parties or the contract shall be taken into account. + Article 3 1. This Convention shall not apply unless, at the time of the conclusion of the contract, the parts of an international sale contract of tangible movable property are established in Contracting States. 2. Apart from a provision contrary to this Convention, they shall apply without regard to the law which would be applicable in the power of the rules of private international law. 3. This Convention shall not apply when the Parties have expressly excluded its application. + Article 4 The Convention does not cover sales: a) of movable tangible objects purchased for personal, family or domestic use; b) at auctions; c) following the seizure or any other modality of the judicial authority; d) securities, trade and currency effects; e) ships, ships and aircraft; f) electricity. + Article 5 This Convention shall not apply to rights based on: a) any bodily injury or death of a person; b) any nuclear damage caused by the sale; c) any lien, lien or other insurance measure; d) any decision or sentence handed down following a procedure; e) any title enforceable according to the law of the place f) any cambie or any cheque or promissory note. + Article 6 1. This Convention shall not apply to contracts where the predominant part of the seller's obligations lies in a supply of work or other services. 2. The contracts for the supply of movable tangible goods shall be treated as manufactured or produced, unless the party ordering the work does not provide an essential part of the elements necessary for this manufacture or production. + Article 7 The interpretation and application of this Convention shall take into account its international character and the need to promote uniformity. + Article 8 The limitation period is 4 years. + Article 9 1. Subject to provisions of art. 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 shall not be delayed: a) when a party notifies the other party within the meaning of paragraph 2 of the first article b) when the arbitration agreement provides that no right shall be born as long as an arbitral award has not been rendered. + Article 10 1. An action resulting from a breach of the contract may be exercised starting with the date on which this violation occurred. 2. An action supported on the non-conformity of things can be exercised starting with the date on which the thing was effectively delivered to the buyer or the offer of remittance of the work refused by the buyer. 3. An action supported on a dol enjoyed before the conclusion of the contract or at the time of this conclusion or resulting from subsequent fraudulent workings may be exercised, for the application of art. 9, starting with the date when the fact was or was rationally supposed to have been discovered. + Article 11 If the seller has given, regarding the work sold, the express guarantee valid for the duration of a certain term or determined in any other way, the limitation period of an action supported on the guarantee begins to run from the date on which the buyer notifies the seller of the reasons for the exercise of its action and, from the date of expiry of the guarantee. + Article 12 1. When, in the cases provided by the law applicable to the contract, a party declares the termination of the contract before the date fixed for its execution, the limitation period shall start with the date on which the declaration is addressed to the other party If the termination of the contract is not declared before the date fixed for the execution, the limitation period shall only be obtained from this date. 2. The limitation period of any right supported on the non-performance by a part of a contract providing for benefits or staggered payments flows, for each of the obligations with successive execution, starting from the date on which the non-execution that It affects the product. When according to the law applicable to the contract, a party declares the termination of the contract following this non-execution, the limitation period of all obligations with successive execution flows from the date on which the declaration is addressed to the other party. + Article 13 Cessation of flow and extension of the original deadline The limitation period ceases to run when the creditor fulfils any act which, the law of the jurisdiction referred to, is considered as introductory of a judicial proceeding against the debtor. Similarly, when the creditor formulates in the course of a procedure already committed an application that expresses the will to highlight his right against the debtor. + Article 14 1. When the parties have agreed to submit their dispute to the arbitration, the limitation period shall cease as flows from the date on which one of the parties recourse to the arbitration procedure in the manner provided for by the arbitration agreement or by the law applicable to this procedure 2. In the absence of any provision in this regard, the arbitration procedure shall be deemed committed on the date on which the request for arbitrary is notified at the usual residence or at the premises of the other party or, failing that, at its last residence or last or known headquarters. + Article 15 In any other procedure than those provided in art. 13 and 14 the limitation period ceases to flow when the creditor leverages his right or to obtain his recognition or execution, subject to the provisions of the law regulating this procedure. The same among others with the procedures used on the occasion: a) the debtor's death or incapacity; b) bankruptcy or any insolvency situation regarding the totality of the debtors ' assets; or c) dissolution or liquidation of a company, associations or entities, when this is the debtor. + Article 16 In the interest of achieving what art. 13, 14 and 15, a counterclaim is considered to have been introduced on the same date as the act of respect to which it is opposed, provided that both the main application and the counterclaim to the same contract or from from many contracts concluded during the same operations. + Article 17 1. When the procedure was introduced according to art. 14 14 and 15 or 16 before the expiry of the limitation period, it is considered to run if the procedure has ended without a decision being handed down on the merits of the case. 2. When, at the end of this procedure, the limitation period is expired or had to expire in less than one year, the creditor shall enjoy a period of one year starting from the end of the procedure. + Article 18 1 1. A procedure introduced against a debtor makes the course of the prescription cease to a severed co-debtor if the creditor informs the latter, in writing, of the introduction of the procedure before the expiry of the limitation period provided for in this Convention. 2. When a procedure is introduced by a subdivision against the purchaser, the limitation period provided for in this Convention shall cease to run, as regards the purchaser's appeal against the seller, if the buyer has informed, in written, the seller before the expiry of the deadline for the introduction of the procedure 3. When the procedure referred to in paragraphs 1 and 2 of this Article has ended, the limitation period of the creditor's or buyer's appeal against the debtor in solidarity or against the seller shall be deemed not to have ceased to run in the basis of paragraphs 1 and 2 of this Article, the creditor or the purchaser, however, has an additional period of one year starting from the date on which the procedure is concluded, if at that time the limitation period has reached its expiry or if it It remains to run for less than a year. + Article 19 When the creditor is enjoying, in the state where the debtor is based or even before the expiry of the limitation period, an act other than those provided in art. 13, 14, 15 and 16 which, according to the law of that state has the effect of reopening a limitation period, a new term of 4 years begins to flow from the date established by this law. + Article 20 1. When before the expiry of the limitation period the debtor acknowledges in writing his obligation to the creditor, a new limitation period of 4 years begins to flow starting from the said recognition. 2 2. The payment of interest or the partial execution of an obligation by the debtor has the same effect for the application of paragraph 1 of this article as a recognition, if rational can be deducted from this payment or from this execution as the debtor recognises his obligation. + Article 21 When compared to circumstances that are not attributable to him and that he could neither avoid defeat, the creditor is unable to make the course of prescription cease, the term is extended by one year starting from the moment he said. Circumstances have ceased to exist. + Article 22 Amendment of the limitation period by the parties 1. The limitation period may not be amended, nor its course changed, by a declaration of the parties or by way of an agreement between them, except in the cases provided for in paragraph 2. 2. The debtor may, in the course of the limitation period, extend this term by a written declaration addressed to the creditor. This declaration may be renewed. 3. The provisions of this Article shall not affect the validity of any clause of the sale contract stipulating that the arbitration procedure may be engaged within a limitation period shorter than that which is provided for by this Convention, with the condition that the clause is valid in relation to the law applicable to the sale contract. + Article 23 General limitation of the limitation period Notwithstanding the provisions of this Convention, any limitation period shall expire at the latest 10 years after the date on which it began to run in accordance with art. 9 9, 10, 11 and 12 of this Convention. + Article 24 Effects of expiry of limitation period The expiry of the limitation period 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 art. 24, no right is recognized nor becomes enforceable in any proceedings started after the expiry of the limitation period. 2. Without regard to the expiry of the limitation period, a party may invoke a right and oppose it to the other party as a means of defence or compensation, provided in the latter case: a) that the two claims are born from the same contract or from several contracts concluded during the same transactions, or b) that, the claims could have been the subject of compensation at some time before the expiry of the limitation period. + Article 26 If the debtor executes his obligation after the expiry of the limitation period, he has no right to claim the refund, even if he ignores at the time of execution of his obligation that the limitation period was expired. + Article 27 The expiry of the limitation period on the main part of the debt has the same effect on its interests. + Article 28 Calculation of the limitation period 1. The limitation period is calculated so that it expires at midnight of the day the date of which corresponds to that at which the term began to flow. In the absence of proper 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 place where the procedure is employed. + Article 29 If the last day of the limitation period is a day of celebration or any other day of judicial holiday, preventing the procedure being started in the jurisdiction where the creditor commits a judicial procedure or claims a right, as provided by art. 13, 14 or 15, the limitation period is extended so that it includes the first useful day that follows the mentioned day of celebration or day of judicial holiday. + Article 30 International effect In the interest of this Convention, the acts and circumstances provided in art. 13-19 which have been met or have been carried out in a Contracting State shall produce their full effect in another Contracting State, provided that the creditor has done all due diligence for the debtor to be informed of it within short. + Chapter 2 Application measures + Article 31 1. Any Contracting State comprising two or more territorial units within which, according to its constitution, systems of different law apply in the subjects covered by this Convention, may, at the time of signature, ratification or address, declare that the present Convention will apply to all its territorial units or only to one or more of them and will at any time be able to fine this declaration by making a new declaration. 2. These statements shall be communicated to the Secretary-General of the United Nations and shall expressly indicate the territorial units to which the Convention applies. 3. If a Contracting State referred to in paragraph 1 of this Article does not make any declaration on the occasion of the signing, ratification or accession of the Convention shall apply to the whole territory of this State. + Article 32 When, in the present convention, reference is made to the law of a state where different legal systems apply, this reference will be interpreted as making reference to the law of the legal system that is envisaged. + 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 Declarations and reserves + Article 34 Two or more Contracting States may at any time declare that the sale contracts concluded between the sellers having their seat on the territory of one of those States and purchasers having their seat on the territory of another of those States shall not be regulated by the present Convention, on the subjects they resolve, they apply identical or close legal rules. + Article 35 Any Contracting State may declare, at the time of deposit of its instrument of ratification or accession, that it shall not apply the provisions of this Convention to actions in the cancellation of the contract. + Article 36 Any Contracting State may declare, at the time of the deposit of its instrument of ratification or accession, that it is not obliged to apply the provisions of art. 24 24 of this Convention. + Article 37 This Convention shall not derogate from the conventions already concluded or shall be concluded and which contain provisions on matters covered by this Convention, provided that the seller and the purchaser have their seat in the States-Parties to one of these conventions. + Article 38 1. Any Contracting State which is party to an existing Convention relating to the international sale of tangible movable property may declare, at the time of deposit of its instrument of ratification or accession, that it shall apply this Convention exclusively international sales contracts of tangible movable property defined in this existing convention. 2. This declaration will cease to take effect the first day of the month following the expiration of a period of 12 months after a new convention on the international sale of tangible movable property, concluded under the auspices of the United Nations, will be entered into force. + Article 39 No other reserve other than those made, according to art. 34 34, 35 and 38 of this Convention, is not authorized. + Article 40 1. The statements made in application of this Convention shall be addressed to the Secretary-General of the United Nations and shall take effect on the date of entry into force of this Convention to the declarant State. The statements made posterior to this entry into force shall effect the first day of the month following the expiry of a period of 6 months from the date of their 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 withdraw it by notification to the Secretary-General of the United Nations. This withdrawal takes effect the first day of the month following the expiry of a period of 6 months after the date on which the Secretary-General of the United Nations will have received the In the case of a statement made in the power of 34, it will also attract the caducity, starting from when it takes effect any mutual declaration made by another state in the power of the same article. + Chapter 4 Final provisions + Article 41 This Convention will be open to the signing of all States, at the United Nations Headquarters, until 31 December 1975. + Article 42 This Convention shall be subject to ratification. The instruments of ratification will be deposited with the Secretary of the United Nations. + Article 43 This Convention will remain open to the accession of any State. The instruments of accession will be deposited with the Secretary-General of the United Nations. + Article 44 1. This Convention shall enter into force the first day of the month following the expiration of a period of 6 months after the date of deposit of the sixth instrument of ratification or accession. 2. For each of the states that will ratify the convention or that will accede to it after the deposit of the sixth instrument of ratification or accession, the convention will enter into force on the first day of the month following the expiration of a 6-month period after the date of submission by that State of the instruction or ratification or accession. + Article 45 1. Each Contracting State shall be able to denounce this Convention by notification to the Secretary-General of the United Nations. 2 2. Denunciation shall take effect on the first day of the month following the expiry 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 the present Convention, whose English, Chinese, Spanish and Russian texts are both authentic, will be filed under the Secretary-General of the United Nations. + Annex 2 PROTOCOL amending the 1974 Convention on the Prescription for International Sale of Goods + Article 1 1. Paragraph 1 of art. 3 3 is replaced by the following provision: "" 1. This Convention shall apply only to: a) if, at the time of the conclusion of the contract, the parties to an international sale contract of tangible movable property are based in contracting states; b) if the rules of private international law apply to the sale contract the law of a contracting state. " 2. Paragraph 2 of art. 3 3 is removed. 3. Paragraph 3 of art. 3 thus becomes paragraph 2. + Article 2 1. Alin. a) of art. 4 4 is removed and replaced by the following provision: " a) of movable tangible objects purchased for personal, family or domestic use, outside if the seller, at any time before the conclusion or even at the conclusion of the contract, did not know and would not have been presumed to know that these items were purchased for such use. " 2. Alin. e) of art. 4 4 is removed and replaced by the following provision: "" e) ships, ships, aeroplanes and aircraft. '; + Article 3 The new paragraph 4 to be added to art. 31 31: "" Four. If in the power of a declaration made in accordance with this Article, this Convention applies to one or more territorial units of a Contracting State, but not to all, and if the seat of a party to the contract is located in this state, this establishment shall be deemed, within the meaning of this Convention, not to be located in a Contracting State, unless it is situated in a territorial unit to which the Convention applies. " + Article 4 Art. 34 are removed and replaced by the following: "" 1. Two or more Contracting States which, in matters covered by this Convention, apply identical or close legal rules, may, at any time, declare that the Convention will not apply to contracts for international sale of goods when the parties have their principal place in these states. Such statements can be made together or be unilateral and reciprocal. " "" Two. A Contracting State which, in matters covered by this Convention, applies legal rules identical or close to those of one or more non-Contracting States may, at any time, declare that the Convention will not apply to sales contracts international goods when the parties are based in these states. " "" 3. When a State to which a declaration has been made in the power of paragraph 2 of this Article becomes later Contracting State, the said declaration shall have, with effect from the date on which this Convention will enter into force against this new Contracting State, the effects of a declaration made in the power of paragraph 1, provided that the new Contracting State may associate itself to it or make a unilateral declaration on a reciprocal basis. ' + Article 5 Art. 37 are removed and replaced by the following text: " This Convention shall not prevail over an international agreement already concluded or shall be concluded which includes provisions on matters covered by this Convention, provided that the seller and the purchaser are based in states-parties to this agreement. ' + Article 6 The following provision is added at the end of paragraph 1 of art. 40 40: " unilateral and reciprocal statements made in the power of art. 34 the first day of the month following the expiry of a period of 6 months after the date of receipt of the last declaration by the Secretary-General of the United Nations. ' + Article 7 Final provisions The Secretary-General of the United Nations shall be designated as depositary of this Protocol. + Article 8 1. This Protocol will be open to the accession of any State 2. The accession to this Protocol by a State, which is not a Contracting Party to the 1974 Convention on Prescription, shall have the effect of an accession to the Convention as amended by this Protocol, subject to the provisions of art. XI. 3. The instruments of accession shall be submitted to 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 the deposit of the second instrument of accession, provided that: a) that the 1974 Convention on Prescription is itself in force on this date, and b) that the 1980 Convention on the sale is also in force on this date. If these conventions are not both in force on this date, this Protocol will enter into force on the very day that 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 will enter into force on the first day of the sixth month following the deposit of its instrument of accession, if at this time the protocol is itself in force. If at this time the protocol is not itself in force, it will enter into force on this state on the date of its entry into force. + Article 10 If a State ratifies the 1974 Convention on its Prescription or accedes to it after the entry into force of this Protocol, such ratification or accession shall also constitute an accession to this Protocol, provided that the address the depositary a notification for that purpose. + Article 11 Any State that becomes a Contracting Party to the 1974 Convention on Prescription, as amended by this Protocol in the Power of Art. 8 8, art. 9 9 or art. 10 of this Protocol, and which does not address a notice contrary to the depositary, will be considered as also a Contracting Party to the 1974 Convention on Unchanged Prescription in its relations with either party. contracting to this last Convention which has not become a Contracting Party to this Protocol. + Article 12 Any state may declare, at the time of filing its instrument of accession or notification in the power of art. 10, that it will not be linked by art. 1 1 of the protocol. A declaration in the power of this article shall be made in writing and formally notified to the depositary. + Article 13 1. Any Contracting State will be able to denounce this Protocol by notification addressed for this purpose to the depositary. 2. Denunciation shall take effect 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 on which this Protocol will cease to have effect in the application of paragraphs 1 and 2 of this Article shall remain a Contracting Party to the 1974 Convention on Prescription, unchanged, apart from denunciation. at this Convention, carried out in accordance with art. 45. + Article 14 1. The Depository shall transmit to all States a certified copy for compliance of this Protocol. 2. When this Protocol will enter into force in accordance with art. 9, the depositary will establish the text of the 1974 Convention on Prescription as amended by this Protocol and address a copy of it certified for compliance of all States Parties to the Convention, as been amended by this Protocol. Drawn up in Vienna, at eleven April a thousand nine hundred and eighty, in one original, whose English, Arabic, Chinese, Spanish, French and Russian texts are both authentic. --------------