Rs 0.747.363.1 International Convention Of September 23, 1910, For The Unification Of Certain Rules On Collision (With S. Add.)

Original Language Title: RS 0.747.363.1 Convention internationale du 23 septembre 1910 pour l’unification de certaines règles en matière d’abordage (avec art. add.)

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0.747.363.1 original text International Convention for the unification of certain rules for the collision concluded in Brussels, September 23, 1910, approved by the Federal Assembly on 17 March 1954 Instrument of ratification deposited by the Switzerland on 28 May 1954 entry into force for the Switzerland on 15 August 1954 (status March 21, 2012) art. 1. in the case of a collision between ships or other sea vessels and vessels, due allowances for injuries caused to ships, to things or people on board are paid in accordance with the following provisions, without there is to take account of the waters where the collision occurred.

Art. 2 If the collision is a coincidence, if it is due to a case of force majeure, or if there are doubts about the causes of the collision, damage are borne by those who have tried them.
This provision continues to apply in the event that either ships, either one of them, are at anchor at the time of the accident.

Art. 3. If ' the collision is caused by the fault of one of the ships, the repair of the damage is the responsibility of those who committed.

Art. 4 If there is common fault, the liability of each of the ships is proportional to the severity of the misconduct, respectively; However if, according the circumstances, the proportion cannot be established or if errors appear as equivalent, the responsibility is shared in equal parts.
Damage to vessels or their cargoes, either effects or other property crew, passengers or other persons on board are supported by the ships in fault, in the said proportion without solidarity with third parties.
The ships in fault shall severally towards third parties for damage caused by death or injury, except use of one who has paid a share higher than that under para. 1 of this section, he must definitely bear.
It is up to national legislation to determine in what concerns this remedy, the scope and effects of the contractual or legal provisions which limit the liability of the owners of vessels for the people on board.

Art. 5. the responsibility established by the previous articles remains where the collision is caused by the fault of a driver, even when this is obligatory.

Art. 6. the action for compensation for the damage suffered as a result of a collision is subordinate to a protest or any other special formality.
There is point of legal presumptions of fault liability of the collision.

Art. 7. actions for damage prescribes two years from the event.
The deadline for filing an appeal actions admitted by the al. 3 of art. 4 is one year. This prescription run as of the day of payment.
The causes of suspension and interruption of these requirements are determined by the law of the court seised of the action.
The high contracting parties reserve the right to admit in their legislation, such as extending the deadlines above fixed, the fact that the defendant ship could not be seized in the territorial waters of the State in which the applicant has its domicile or its principal place of business.

Art. 8. after a collision, the captain of each ship collided is required, as much as it can do so without serious danger to sound ship, its crew and its passengers, to provide assistance to the other building, its crew and its passengers.
It is also held in the extent possible to make known to the other ship of the name and the home port of its building, and the places where it comes from and where it goes.
The owner of the ship is not responsible for the only contravention of the above provisions.

Art. 9. the high contracting parties whose legislation does not carry the offences in the previous article are committed to take or propose to their respective legislatures necessary measures so that these offences are punished.
The high contracting parties to communicate, immediately to make that possible, the laws and regulations that have already been enacted, or who would come to be in their States for the execution of the previous provision.

Art. 10. subject to subsequent conventions, these provisions focus point reached to the rules on the limitation of liability of owners of ships, as they are established in each country, nor the obligations resulting from the contract of carriage or of all other contracts.

Art. 11. the convention does not apply to warships and vessels of State exclusively assigned to a public service.

Art. 12. the provisions of this agreement will be applied with respect to all concerned, when all the ships in question are nationals of the high contracting parties and States in the other cases provided for by national laws.
It is understood however: 1 as against those concerned nationals of a State which is not contracting, the application of those provisions can be subordinated by each of the States Contracting to the condition of reciprocity; 2. That, when all concerned are nationals of the same State as the court seised, is the law national and not the convention which is applicable.

Art. 13. the convention extends to repairing the damage that, either by execution or omission a manoeuvre or by failure to comply with the regulations, a ship has caused, either to another ship or to things or persons on board, even though he had would have no collision.

Art. 14 each of the parties contracting shall cause the meeting to a new conference after three years from the entry into force of this convention, in order to search for improvements that could be made, and especially to extend, if it is possible, the sphere of application.
One of the powers that would make use of this option would have to notify its intention to the other powers, through the Belgian Government, who would be responsible for convening the conference within six months.

Art. 15. States that have not signed the convention are allowed to accede at their request. This membership will be notified through diplomatic channels to the Belgian Government and, thereby, to each of the Governments of the other contracting parties; She gets out its effects a month after the sending of the notification made by the Belgian Government.

Art. 16. the convention will be ratified.
At the expiry of the period of one year at the latest, from the day of the signing of the convention, the Belgian Government will enter into report with Governments of high contracting parties that they will be ready to ratify it, the effect to decide to put it into effect.
The ratifications shall be, as appropriate, be deposited immediately in Brussels and the convention will be effective one month after the deposit.
The Protocol will remain open for another year for the States represented at the conference in Brussels. After this time, they could only join, in accordance with the provisions of art. 15 art. 17 in case either of the high contracting parties would turn convention, this denunciation would not produce effects that one year after the day where it would have been notified to the Belgian Government and the convention will remain in force between the other contracting parties.

Additional article scope 21 March 2012 by derogation from art. 16 preceding, it is understood that the provision of art. 5 fixing responsibility where the collision is caused by the fault of a mandatory pilot, will not come right in force until the high contracting parties will be agreement on the limitation of liability of owners of ships.
In faith, the Plenipotentiaries of the respective High Contracting parties have signed this agreement and there have affixed their seals.
Done at Brussels, in a single copy, September 23, 1910.
(Follow signatures)

Scope 21 March 2012 States parties Ratification, accession (A) Declaration of estate (S) entry into force Germany February 1, 1913 March 1, 1913 July 20, 1914 Angola has 30 August 1914 Antigua and Barbuda 1 February 1913 A March 3, 1913 Argentina 28 February 1922 April 15, 1922 September 9, 1930 Australia has 24 October 1930 Island Norfolk 1 February 1913 March 3, 1913 Austria 1 February 1913 March 1, 1913 Bahamas 1 February 1913 has 3 March

Barbados 1 February 1913 1913 March 3, 1913 Belgium February 1, 1913 March 1, 1913 Belize 1 February 1913 has 3 March 1913 Brazil December 31, 1913 January 31, 1914 Canada September 25, 1914 October 28, 1914 Cape - Verde 20 July 1914 was 30 August 1914 China 28 September 1994 18 November 1994 Hong Kong June 10, 1997 July 31, 1997 Macao October 8, 1999 December 20, 1999 Cyprus 1 February 1913 has 3 March 1913 Congo (Kinshasa)

17 July 1967 has 17 August 1967 Croatia 30 July 1992 S October 8, 1991 Denmark, on June 18, 1913 July 18, 1913 Dominique February 1, 1913 March 3, 1913 Egypt 29 November 1943 has 29 December 1943 Spain November 17, 1923 December 30, 1923 Estonia 15 May 1929 was February 20, 1930 Fiji 22 August 1972 of October 10, 1970 Finland 17 July 1923 to August 28, 1923 France 1 February 1913


March 1, 1913 Gambia 1 February 1913 A March 3, 1913 Ghana 1 February 1913 A March 3, 1913 Granada 1 February 1913 March 3, 1913 Greece 29 September 1913 29 October 1913 Guinea - Bissau 20 July 1914 was August 30, 1914 Guyana 1 February 1913 A March 3, 1913 Haiti 18 August 1951 was November 1, 1951 Hungary February 1, 1913 March 1, 1913 India February 1, 1913 March 1, 1913 Iran April 26, 1966 has 26 may

1966 Ireland February 1, 1913 March 1, 1913 Italy June 2, 1913 July 2, 1913 Jamaica 1 February 1913 was March 3, 1913 Japan January 12, 1914 February 12, 1914 Kenya 1 February 1913 A March 3, 1913 Kiribati 1 February 1913 A March 3, 1913 Latvia 2 August 1932 September 16, 1932 Libya 9 November 1934 A January 5, 1935 Luxembourg 18 February 1991 has 22 May 1991 Madagascar 13 July 1965 S Malaysia 3 June 26, 1960 February 1913 March 3, 1913 Malta February 1, 1913 to March 3, 1913 Maurice 1 February 1913 March 3, 1913 Mexico February 1, 1913 March 1, 1913 Mozambique July 20, 1914 has 30 August 1914 Nicaragua 18 July 1913 18 August 1913 Nigeria 1 February 1913 was March 3, 1913 Norway November 12, 1913 December 12, 1913 New Zealand 19 May 1913 has 26 June 1913 Papua New Guinea 14 March 1980 S 16 September 1975 Paraguay November 22, 1967 has 22 December 1967 Netherlands 1 February 1913 March 1, 1913 Poland June 2, 1922 A July 15, 1922 Portugal 25 July 1913 25 August 1913 Romania 1 February 1913 March 1, 1913 United Kingdom February 1, 1913 March 1, 1913 Anguilla February 1, 1913 was March 3, 1913 Bermuda 1 February 1913 has 3 March 1913 Gibraltar 1 February 1913 to March 3, 1913 Guernsey 1 February 1913 was March 1, 1913 Isle of Man 1 February 1913 March 1, 1913

Islands Cayman 1 February 1913 March 3, 1913, Falkland Islands and dependencies (South Georgia and the South Sandwich Islands) February 1, 1913 A March 3, 1913 Turks and Caicos Islands 1 February 1913 March 3, 1913 Virgin Islands British 1 February 1913 was March 3, 1913 Jersey 1 February 1913 March 1, 1913 Montserrat 1 February 1913 A March 3, 1913 Sainte - Hélène 1 February 1913 has 3 March 1913 Russia July 10, 1936 to August 27

1936 Dominican Republic 23 July 1958 25 September 1958 Saint - Kitts - and - Nevis 1 February 1913 March 3, 1913 Saint - Vincent and the Grenadines 21 September 2001 October 28, 1979 Sainte - Lucie 21 March 1990 S S February 22, 1979 Solomon, Islands 17 September 1981 S 7 July 1978 Sao Tome - and - principle 20 July 1914 was August 30, 1914 Serbia December 31, 1931 has 12 February 1932 Seychelles 1 February 1913 to March 3, 1913 Singapore June 18, 1974 S August 9, 1965 Slovenia October 13

1993 of 25 June 1991 Somalia February 1, 1913 to March 3, 1913 Sri Lanka 1 February 1913 has 3 March 1913 Switzerland 28 May 1954 to August 15, 1954 Sweden November 12, 1913 December 12, 1913 Timor - Leste July 20, 1914 August 30, 1914 Tonga 13 June 1978 was July 13, 1978 Trinidad and Tobago 1 February 1913 was March 3, 1913 Turkey July 4, 1955 has 16 September 1955 Tuvalu February 1, 1913 to March 3, 1913 Uruguay 21 July

1915 A membership made by the Portugal 24 August 1915.

Membership by Britain.

March 3, 1913, to June 30, 1997, the Convention was applicable to Hong Kong on the basis of a declaration of territorial expansion of the United Kingdom. Starting from July 1, 1997, Hong Kong became a special administrative Region (SAR) of the People's Republic of China. Under the Chinese statement on 10 June 1997, the Convention is also applicable to the RAS Hong Kong from July 1, 1997.

On August 30, 1914-December 19, 1999, the Convention was applicable in Macao on the basis of a declaration of territorial extension of the Portugal. From December 20, 1999, Macao became a special administrative Region (SAR) of the People's Republic of China. Under the Chinese statement of 13 December 1999, the Convention is also applicable to the RAS Macao from December 20, 1999.

Membership by the Italy.

RO 1954 786 on 17 March 1954 (RO 1954 767) AF RO 2012 1659. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

Status as of March 21, 2012

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