CMR Convention in Geneva
CMR Geneva Convention is a convention that all carriers must observe.
May 19, 1956 Convention relating to the contract of carriage
International goods by road, signed in Geneva (CMR *)
Synthetic form on 03-Jul-2006. This act was created using technology SintACT®-Synthetics acts. SintACT® technology Synthetic Instruments are trademarks of EON Programming.
(On 25-Mar-1981 act was regulated Protocol of 1978 ) (On 06-Dec-1972 instrument was ratified Decree 451/1972 )
Contracting Parties recognize the utility of regulating in a uniform manner the conditions of the international transport of goods by road, particularly with regard to the documents used for the transport and transport responsibility,
They have agreed as follows:
CHAPTER I: Aplication domain Art. 1
1. This Convention shall apply to every contract of carriage of goods by road, for consideration in vehicles, when the place of taking the goods and the place designated for delivery, as are indicated in the contract, are situated in two different countries, of which at least one is contracting country, irrespective of domicile and nationality of the parties.
2.For the purposes of this Convention, “vehicles” means motor vehicles, articulated vehicles, trailers and semi-trailers, as they are defined in Article 4 of the Convention on Road Traffic of September 19, 1949.
3. This Convention applies even if the transport in its scope are conducted by the State or by institutions or government organizations.
4. This convention does not apply to:
a) carriage performed under any international postal convention; b) Burial transport;
c) To furniture resettlement.
5. The Contracting Parties undertake not to make any amendments to this Convention by special agreements between two or more of them, putindu-is still out under its provisions frontier traffic or authorization to use the consignment note Representative cargo in carriage exclusively their territories.
1. Daca vehiculul continind marfuri este transportat pe o parte a parcursului, pe mare, cale ferata, cale navigabila interioara sau aeriana, fara descarcarea marfii din vehicul, cu exceptia aplicarii eventuale a dispozitiilor articolului 14, prezenta conventie se aplica pentru intregul transport. Totusi, in masura in care s-a dovedit ca o pierdere, o avarie sau o intirziere la eliberarea marfii, care a survenit in cursul transportului cu un altfel de transport decit cel rutier, nu a fost cauzata de o actiune sau omisiune a transportatorului rutier si ca provine dintr-un fapt care nu a putut sa se produca decit in cursul si din cauza transportului nerutier, raspunderea transportatorului rutier nu este determinata de prezenta conventie, ci de felul in care raspunderea transportatorului nerutier ar fi fost determinata daca un contract de transport ar fi fost incheiat intre expeditor si transportatorul nerutier numai pentru transportul marfii, conform prevederilor legale privind transportul de marfuri printr-un alt fel de transport decit cel rutier. Cu toate acestea, in lipsa unor astfel de prevederi, raspunderea transportatorului rutier va fi determinata de prezenta conventie.
2. If the haulier is both carrier and non-road, his liability is also determined by the provisions of paragraph 1 as if its function of road and non-road its function should be performed by two different people.
CHAPTER II: Persons responsible for carrier Art. 3
For the purposes of this Convention, the carrier responsible for its own actions and omissions of actions and omissions of its delegates and any other persons whose services he makes use of carriage if such servant or the person acting in the exercise of their functions.
CHAPTER III: Conclusion and execution of the transport contract
Sample contract of carriage is the consignment note. The absence, irregularity or loss of the consignment note shall not affect the existence or validity of the contract of carriage which shall remain subject to the provisions of this Convention.
1. Waybill is drafted in three original copies signed by the sender and the carrier, these signatures being able to be printed or replaced by the stamps of the sender and the carrier if the law of the country where it is drawn carriage letter permits. The first copy shall be handed to the sender, the second accompanies the goods and the third shall be retained by the carrier.
2. If the goods transport must be loaded in different vehicles or if it's different kinds of goods or separate consignments, the shipper or carrier may request preparation of waybills for each vehicle used, or for each kind of goods or batch of goods.
1. Bill of lading must contain the following information: a) date and place of its preparation;
b) the name and address of the sender;
c) name and address of the carrier;
d) place and date of receipt of the goods and the place designated for delivery.
e) name and address;
f) Current name of nature and kind of container cargo and dangerous goods, their generally recognized;
g) number of packages, their special marks and numbers;
h) exrpimata or gross weight or quantity of the goods;
i) transport costs (prt transport charges, customs duties and other charges incurred at contract and up to release);
j) necessary instructions for Customs and other formalities;
k) statement that the carriage is subject hereby established and any clause to the contrary.
2. If applicable, the consignment note must also contain the following: a) transshipment ban;
b) charges which the sender undertakes to pay;
c) total repayable amount levied on delivery;
d) declared value of the goods and the amount representing special interest in delivery; e) sender's instructions to the carrier regarding insurance of the goods;
f) It agreed period in which the carriage is to be performed;
g) list of documents handed to the carrier.
3. The parties may enter in the consignment note any indication that they consider appropriate.
1. The sender is responsible for all costs and damages caused to the carrier because ineactitatii or failure:
a) indications mentioned in Article 6, paragraph 1 b), d), e), f), g), h) and j); b) indications mentioned in Article 6, paragraph 2;
c) any other indications or instructions given by him to enable the consignment note or to be inserted therein.
2. If, at the request of the sender, the carrier enters in the consignment note the particulars specified in paragraph 1 of this Article, shall be deemed, until the contrary is proved, that he acted in behalf of the consignor.
3. If carriage letter does not contain the information required under Article 6 § 1 k), the carrier is liable for all costs and damages that may incur the person entitled to dispose of the goods because of this omission.
1. Upon receipt of the goods, the carrier shall check:
a) accuracy of the statements in the consignment note as to the number of packages, as well as marking and their numbers;
b) The apparent condition of the goods and their packaging.
2. If the carrier has no reasonable means of checking the accuracy of the statements referred to in paragraph 1) of this article, he will enroll in the consignment note reservations must be justified. It should also motivate any reservations you make on the apparent condition of the goods and their packaging. These reserves do not bind the sender unless he has expressly accepted the consignment note.
3. The sender may request the carrier to check the gross weight the goods or their quantity otherwise expressed. He may also require checking content quotas. The carrier may claim the cost of verification. Verification results shall be recorded in the consignment note.
1. Waybill is evidence, until proven otherwise, the terms of the contract and receipt of goods by the carrier.
2. In the absence of registration in the consignment note reservations by the carrier, there is a presumption that the goods and their packaging in apparently good condition upon receipt by the carrier and the number of packages, as well as marks and numbers corresponded with the statements in the letter of carriage.
The consignor is liable to the carrier for damage to persons, equipment or other goods, and for any expenses due to defective packing of the goods, unless the defect was apparent or known to the carrier upon receipt of the goods and not made reservations on This one.
1. In order to achieve customs and other formalities that must be completed before delivery of the goods, the consignor must attach to the consignment note or carrier to provide the necessary documents and provide all required information. 2. The carrier is not obliged to examine whether these documents and information are correct and sufficient. The consignor is liable to the carrier for any damage that may result from the lack, insufficiency or irregularity of such documents and information, unless the fault of the carrier. 3.The carrier is liable as an agent of the consequences of loss or incorrect use of the documents mentioned in the consignment note and accompanying it or was taught; however, the compensation commissioned task will not exceed that which would be payable in case of loss of goods.
1. The sender has the right to dispose of the goods, in particular ask the carrier to stop the carriage, another place designated for delivery or to deliver the goods to a destination other than that indicated on the consignment note.
2. This right has been extinguished when the second copy of the consignment note is handed to the consignee or when they exercise their right under article 13, paragraph 1; since then the carrier must comply with the orders of the consignee.
3. The right of disposal, however, preparation time recipient of the consignment note, if the sender makes an entry to that effect in the letter.
4. If, in its own right mood recipient of goods ordered release another person, it may designate other recipients.
5. Exercise the right mood is subject to the following conditions:
a) consignor or, in the case referred to in paragraph 3 of this article, the recipient who wants to exercise this right, shall submit the first copy of the consignment note, which must be submitted the new instructions given to the carrier and to compensate the carrier for the costs and damage they train the execution of these instructions;
b) execution of these instructions shall be possible when the instructions reach the person who must perform and must not interfere with the normal of the carrier's undertaking nor prejudice the consignors or consignees of other consignments;
c) instructions do not have the effect of splitting the consignment.
6. If, due to provisions of paragraph 5 b) of this article, the carrier can not carry out the instructions which he receives, he shall immediately notify the person who gave the instructions.
7. Data carrier which executes instructions as provided by this Article or to comply with these instructions without being asked presentation of the first copy of the consignment note shall be liable to who has the right to request coverage for damage caused by this.
1. After arrival at the place designated for delivery, the recipient is entitled to demand that the second copy of the consignment note issued to them and that the goods be released to them against a receipt. If loss of the goods is established or if the goods have not arrived at the term mentioned in Article 19, the recipient is authorized to claim on behalf or carrier any rights arising from the contract of carriage. 2.The recipient prevailing rights as are granted by paragraph 1 of this article, is obliged to pay the claims resulting from the consignment note. In the event of dispute on this matter the carrier is obliged to deliver the goods only if the recipient of bail.
1.If, for some reason, the execution of the contract as provided in the consignment note is or becomes impossible before the arrival of the goods at the place designated for delivery, the carrier shall ask for instructions from the person entitled to dispose of the goods in accordance with Article 12 .
2. However, if circumstances permit the transportation in conditions that differ from those set forth in the letter of carriage and the carrier was unable to obtain timely instructions from the person entitled to dispose of the goods under Article 12, it will take the measures which they regard as the best in the interest of the person entitled to dispose of the goods.
1. If after arrival at site impediments arise to release transpsortatorul request instructions from the sender. If the consignee refuses the goods, sender has the right to dispose of it, without presenting the first copy of the consignment note.
2. Even if refused goods, the recipient can always ask for her release as long as the carrier has not received instructions to the contrary from the sender.
3. If preventing delivery occur after the consignee of the goods, according to law it holds by virtue of Article 12, paragraph 3, gave the order to release the goods to another person, the consignee were the sender and that other person recipient to apply paragraphs 1 and 2 above.
1.Salt carrier entitled to reimbursement of his request or the instruction dee determined by carrying out such instructions, provided that such expenses do not result his fault.
2. In cazurile indicate in articolul 14 paragraful 1 si in articolul 15, transportatorul poate sa descarce imediat marfa in contul persoanei care are dreptul sa dispuna de aceasta; dupa aceasta descarcare, transportul este considerat terminat. Transportatorul isi asuma atunci pastrarea marfii. El poate totodata sa incredinteze marfa unui tert si nu este atunci raspunzator decit de alegerea judicioasa a acestui tert. Marfa ramine grevata de creantele rezultind din scriosarea de trasura si de toate celelalte cheltuieli.
3. The carrier may proceed to the sale of goods without waiting for instructions from the person entitled to dispose, when the perishable nature of the goods or their condition or when justified for storage costs are disproportionate to the value of goods. Otherwise, it may asemnea proceed to the sale of goods, if, in a reasonable time, he
He has not received from the person entitled to dispose of the goods instructions to the contrary which he may be required to carry.
4. If the goods have been sold on the basis of this article, the proceeds of the sale be made available to the person entitled to dispose of goods, minus expenses burdening the goods. If these expenses are greater than the proceeds of sale, the carrier has the right to difference.
5. The procedure used in the event of sale is determined by law or custom of the place where the goods.
Chapter IV: liability carrier Art. 17
1. The carrier is liable for total or partial loss or damage, occurring between the goods and the receipt of its release, as well as for delay in release.
2. The transporter is relieved of this liability if the loss, damage or delay was caused by a fault of the person entitled to dispose of the goods, an order of its nerezultind a fault of the carrier, by an inherent defect in the goods or circumstances which the carrier he could not avoid and whose consequences it could not prevent.
3. The carrier can not claim to be relieved of liability or fault vehicle which it uses for the transportation or the fault of the person who rented the vehicle or its servants.
4. Considering article 18, paragraphs 2 to 5, the carrier is relieved of liability if the loss or damage arises from the special risks inherent in one or more of the following acts:
a) use of vehicles found without tilt if such use has been expressly agreed in a letter and mentioned in detrasura;
b) absence or inadequacy of packaging of goods which by their nature to damage or damage, when these goods are not packaged or are packaged bad;
c)handling, loading, stowage or unloading of the goods by the sender or recipient or by persons acting on behalf of the sender or recipient;
d) the nature of goods exposed due to the inherent causes of their nature itself, either total or partial loss or to damage, especially by breaking, reugina, and spontaneous decay, drying, flow, normal or loss by the action of insects or rodents;
e) failure or inadequacy of marks or numbers on the packages;
f) transport of live animals.
5. If under this article the carrier is not responsible for some of the factors causing the loss, liability is not engaged only to the extent that factors he responds under this article have contributed to the damage.
1. Burden of proving that loss, damage or delay release was caused by one of the factors listed in Article 17, paragraph 2 incumbent carrier.
2. When the carrier establishes that, having regard to the circumstances of the case, the loss or damage could result from one or more of the special risks referred to in Article 17, paragraph 4, be presumed that it resulted from this cause. The entitled may yet prove that no damage was caused wholly or partly one of these risks.
3. This presumption is not applicable in the case provided for in Article 17, paragraph 4), if it is an abnormal loss or loss of packages.
4. If carriage is performed in vehicles specially equipped to protect the goods against the influence of heat, cold, variations in temperature or humidity air carrier can not innovate benefit of article 17, paragraph 4 d) unless he proves that all measures at its incumbent, taking into account the circumstances were taken regarding the choice, maintenance and use of these arrangements and that he complied with any special instructions that have been given.
5. The carrier can not claim the benefit of article 17, paragraph 4 f) unless he proves that all steps normally incumbent Careii, taking into account the circumstances were taken and that it was complied with special instructions that have been given.
It is considered delay release when the goods have not been issued within the agreed time, unless agreed term, when the effective period of the carrier exceeds the time reasonably is assigned to a diligent carrier, taking into account the circumstances and among others, in case of partial loads, the time required for packaging a full loads in normal conditions.
1. The person entitled may consider the goods lost, without presenting other evidence, when it was not issued within 30 days from the expiry teremnului agreed or unless agreed such a period, within 60 days from receipt of goods by the carrier.
2.Cel entitled may, on receipt of compensation for lost goods, request in writing to be notified of immediately when the goods were found during the year following the payment of compensation. Confirmation of receipt of such a request shall be notified in writing.
3.In within 30 days of receipt of such an acknowledgment that the law may require that goods be delivered to him against payment of claims arising from the letter of carriage and against refund of the compensation received, possibly deduct the expenses that would have been included in this compensation and subject to any rights to compensation for delay in elibarare provided in Article 23 and, where appropriate, in Article 26.
4. In the absence of the request mentioned in paragraph 2, either instructiunilro data within 30 days provided for in paragraph 3, or if the goods have been found one year after the payment of compensation, the carrier may have this confrom law of the place where found merchandise.
If merchandise is released to the recipient without receiving cash amount that would have to be collected by the carrier under the contract of carriage, the carrier shall indemnify the consignor the amount of such charge without being damaged in right or recourse against the consignee.
1. Daca expeditorul preda transportatorului marfuri periculoase, el ii semnaleaza acestuia natura exacta a pericolului pe care marfurile il prezinta si ii indica eventual precautiile care trebuie luate. In cazul cind aceasta semnalare nu a fost consemnata in scrisoarea detrasura, sarcina de a face dovada, prin orice mijloace, ca transportatorul a avut cunostinta de natura exacta a pericolului pe care il prezenta transportul marfurilor sus-emntionate revine expeditorului sau destinatarului.
2. Dangerous goods that were not known as such by the carrier as provided by paragraph 1 of this article may at any time and in any place, unloaded, destroyed or rendered innocuous by the carrier without compensation; Moreover shipper is responsible for all costs and damages resulting from delivery to delivery of these goods or transportation.
1.When, in accordance with the provisions of this Convention, is put in charge carrier compensation for total or partial loss of goods this compensation is calculated after the goods at the place and time of receipt for shipment.
2. The value of goods is calculated based on the exchange rate or, failing that, based on current market price, or, in the absence of both of them, based on the usual value of goods of the same type and same quality.
3. However, the amount of compensation can not exceed 25 francs per kilogram of gross weight short. The franc means the gold franc weighing 10/31 grams of finesse and content of 0.900.
3. However, the compensation can not exceed 8,33unitati account per kilogram of gross weight short. (On 25-Mar-1981 Chapter IV, Art. 23, paragraph 3 as amended by Chapter I, art. 2, para. (1), point 1 of Protocol of 1978 )
4. In addition, the return shipping fee, customs duties and other expenses arising during transport goods in whole in case of total loss and the proportion in case of partial loss; other damages for loss are not due.
5. In case of delay, if the person entitled proves that this delay resulted in injury, the carrier is bound to pay damages can not exceed the price of transport.
6. A remedy can not be assumed greater than in the case of declaring the value of the goods or for a declaration of special interest in delivery, in accordance with Articles 24 and 26.
7. Unitatea de cont mentionata in prezenta conventie este Dreptul special de tragere (D.S.T.), asa cum este definit de Fondul Monetar International. Suma mentionata in Paragraful 3 al prezentului articol se converteste in moneda nationala a statului al carui tribunal examineaza litigiul, pe baza valorii acestei monede la data judecarii sau la data adoptata de comun acord de catre parti. Valoarea in Dreptul special de tragere a monedei nationale a unui stat care este membru al Fondului Monetar International se calculeaza conform metodei de evaluare folosita de Fondul Monetar International la data respectiva pentru propriile sale operatii si tranzacti.Valoarea in dreptul special de tragere a monedei nationale a unui stat care nu este membru al Fondului Monetar International se calculeaza dupa modul stabilit de acest stat.
8. However, a State which is not a member of the International Monetary Fund and whose law does not permit the application of paragraph 7 of this article may at the time of ratification or accession to the Protocol to the CMR or at any time thereafter, declare that the limit of liability provided in paragraph 3 of this Article and applicable in its territory is set at 25 monetary units. The monetary unit referred to in this paragraph corresponds to 10/31 grams of fine gold 900 thousandths co title. Converting national currency of the amount specified in this paragraph is made conformlegislatiei State.
9. Calculul mentionat in ultima fraza a paragrafului 7 si convertirea mentionata in paragraful 8 ale prezentului articol trebuie facute astfel incit sa exprime in moneda nationala a statului, pe cit posibil, aceeasi valoare reala ca aceea exprimata in unitati de cont la paragraful 3 al prezentului articol. La depunerea instrumentului mentionat la art. 3 al Protocolului la C.M.R. si de fiecare data cind intervine o schimbare in metoda lor de calcul sau in valoarea monedei lor nationale in raport cu unitatea de cont sau cu unitatea monetara, statele comunica secretarului general al Organizatiei Natiunilor Unite metoda lor de calcul, conform paragrafului 7, sau rezultatele convertirii, conform paragrafului 8 ale prezentului articol, dupa caz.
(On 25-Mar-1981 Chapter IV, Art. 23, paragraph 6 completed Chapter I, art. 2, para. (1), point 2 of Protocol of 1978 )
The sender may declare in the consignment note, against payment of an additional price agreed value of goods that exceeds the limit mentioned in paragraph 3 of Article 23 and, in this case, the declared value replaces this limit.
1. In case of damage, the carrier shall be liable for depreciation of goods, calculated based on the value determined in accordance with Article 23, paragraph 1,1 and 4.
2. However, the compensation can not exceed:
a) if the total execution has been damaged, the amount which would be payable in case of total loss;
b) if only part of the expedition has been damaged, the amount payable in case of loss of the part affected.
1. The sender can be fixed, making those particulars in the consignment note and against payment of an additional fixed price agreed amount representing a special interest in delivery, in case of loss or damage and in case of exceeding the agreed term. 2.If it was a declaration of special interest in delivery, may be required – independent compensation provided for in Articles 23,24 and 25 and up to counter competition declarat- interest additional compensation equal to the damage that was done to prove.
1. The person entitled may claim for damage as interest. Such interest, calculated at 5% per annum, running from the day the claim was sent in writing to the carrier or, if there was a complaint from the day the action was brought to justice.
2. If the elements that serve as the basis for calculating the compensation are not expressed in the currency of the country in which payment is claimed, conversion shall be made on the day and place of payment of compensation.
1. In cases where, under the law applicable, loss, damage or delay occurred during transport subject to this Convention may give rise to a claim contractual carrier may avail himself of the provisions of this Convention which exclude his liability or determine or limit the compensation due.
2.In the event that, for loss, damage or delay occurs liability of any person for whom the carrier is liable according to Article 3, this person may also avail himself of the provisions of this Convention which exclude the liability of the carrier or determine or limit the compensation due.
1. The carrier is not entitled to rely on the provisions of this chapter which exclude or limit his liability or which reverses the burden of proof if the damage was caused by willful misconduct or have a fault attributable to it and that, in accordance with the law of the host country belongs or tribunal seised, is considered equivalent to a fraud.
2. The same is true if the acts are committed with fraud or negligence of the carrier's servants or any other persons whose services he makes use of carriage if such servant or people working in their functions. In this case, named representatives or other persons are not entitled to prvala, regarding their liability, the provisions of this chapter referred to in paragraph 1.
CHAPTER V: Claims and Art. 30
1. Daca destinatarul a primit marfa fara sa fi constatat starea ei in contradictoriu cu transportatorul sau daca cel mai tirziu in momentul eliberarii, cind este vorba de pierderi ori avarii aparente, sau in termen de 7 zile de la data eliberarii, in afara de duminici si sarbatori legale, cind este vorba de pierderi sau avarii neaparente, nu a facut rezerve transportatorului, indicind natura generala a pierderii sau avariei, se prezuma, pina la proba contrarie, ca a primit marfa in starea descrisa in scrisoare de trasura. Rezervele aratate mai sus trebuie sa fie facute in scris daca este vorba de pierderi sau de avarii neaparente. 2.If the condition of the goods has been found by the consignee and the carrier, evidence contradicting the result of this finding can be made only if the case of loss or damage which is not apparent if the recipient has sent reservations in writing to the carrier within seven days, except Sundays and public holidays, upon such findings.
3. A release for delay may give rise to compensation only if it was addressed to a reservation in writing within 21 days from the date of goods to the recipient.
4. Date of issue or, where appropriate, the determination or the placing of goods available is not included in the terms provided in this article.
5.The carrier and the recipient has to pay for each other all reasonable accommodation and the necessary checks findings.
1. For all disputes arising out of carriage under this, Convention, plaintiff may bring an action in any court or tribunal of a contracting country designated by agreement of the parties, courts or tribunals of the country in whose territory:
a) the defendant's habitual residence, headquarters or main branch or agency through which the contract of carriage has been concluded; or
b) site is located takeover of goods or merchandise for the issue, and can not sense than these jurisdictional bodies.
2. If in case of a claim referred to in paragraph 1 of this Article is under court action at a tribunal competent under that paragraph, or if in such a dispute was adjudicated by such a body of jurisdiction , there can be introduced a new action for the same cause between the same parties unless the judgment or tribunal which was introduced first action is liable to be executed in the country in which the new action is introduced.
3. Daca intr-un litigiu prevazut in paragraful 1 din prezentul articol o hotarire data de un organ de jurisdictie al unei tari contractante a devenit executorie in aceasta rara, ea devine de asemenea executorie in fiecare dintre celelalte tari contractante, imediat dupa indeplinirea fomralitatilor prevazute in acest scop in tara interesata. Aceste formalitati nu pot duce la o revizuire a cauzei.
4.The provisions of paragraph 3 of this Article shall apply to decisions handed down contradictory to those given in default and court settlements, but does not apply to judgments which are with execution proviorie or decisions which granted, besides costs, damages against an applicant as a result of total or partial rejection of its action.
5.Security for costs incurred for legal action caused by trnasporturile subject to this Convention, can not request bail contracting nationals residing or registered office in one of these countries.
1. Shares derived from carriage under this Convention shall prescribe within a year. However, in case of fraud or misconduct of law considered the country of the court or tribunal seized as equivalent to willful misconduct, the period of limitation is three years. The term of flow limitation:
a) in case of partial loss, damage or delay, from the day the goods have been released;
b) in case of total loss, starting from the thirtieth day after the expiry of the Convention or, if no deadline has been agreed, starting from the sixtieth day after receipt of the goods by the carrier;
c) in all other cases, starting from the expiration of three months from the date of conclusion of the contract of carriage.
Day indicated above as a starting point the period of limitation is not included in the period.
2. A written complaint suspends prescription until the day that the carrier rejects the claim in writing and returns the documents attached. In case of partial acceptance of the claim, the limitation period does not resume or only for part of the complaint that litigation remains. Proof of receipt of the claim or response and return of the documents is the responsibility of the party invoking this. Further claims having the same object shall not suspend the limitation period.
3.Subject to paragraph 2 above, the period of limitation is regulated by law still belongs to which country or tribunal seized. This provision applies to the lapse.
4. Prescribed action can not be exercised or as a counterclaim or exceptional.
The contract of carriage may contain a clause conferring competence on an arbitration tribunal, provided that this clause to provide that the arbitral tribunal shall apply the Convention.
CHAPTER VI: Provisions relating to carriage performed by successive carriers
If a traansport covered by a single contract is performed successively by several hauliers, each of whom takes responsibility execution total transport; the second carrier and each subsequent carriers
becoming the receipt by them of goods and letter transura parties to the contract in
conditions laid down in the consignment note.
1. Carrier accepting the goods from a previous carrier shall give the latter a dated and signed receipt. He must submit their name and address on the second copy of the consignment note. If necessary, he completes this copy of the consignment and on the receipt reservations of the kind provided for in Article 8 paragraph 2.
2. Article 9 applies the relations between successive carriers. Art. 36
As long as it is not a claim or an exception brought before a court relating to an action based on the same contract of carriage, action on liability for loss, damage or delay can not be intreptata only against the first carrier, the last carrier or the carrier who performed the carriage during which there was that which caused the loss, damage or delay; the action may be aimed at the same time against several of these carriers.
A carrier who has paid compensation, conformance with the provisions of this Convention, shall have the right of recourse to the amount paid, together with interest and expenses incurred from the other carriers who have participated in the execution of the contract of carriage in accordance with the following provisions:
a)carrier responsible happened pabuga alone must bear the compensation paid by himself or by another carrier;
b) if the damage was caused by the action of two or more carriers, each of them shall pay an amount proportionate to his share of liability; If the valuation of the liability is impossible, each of which is proportional to the share of the payment liable to the carriage;
c) if it can not determine which of the carriers liable for damage, the compensation shall be distributed among all carriers in the proportion set to b.
If one of the carriers is insolvent, the compensation incumbent and who has paid shall be distributed among all celilalti carriers in proportion to their remuneration.
1. Carrier against which exert a recourse under Articles 37 and 38 can not challenge the validity of the payment made by the carrier exercising decline if compensation has been established by court decision, provided that they have been informed legal the process and had the opportunity to intervene. 2.A carrier wishing to exercise his right of recovery may make his claim before the competent court of the country in which one of the carriers involvement habitual residence, headquarters or main branch or agency through which the contract was concluded intermeidul transport. Recovery may be exercised against all trnasportatorilor interested in a single action.
3. The provisions of Article 31, paragraphs 3 and 4 apply judgments on the recourse provided for in articles 37 and 38.
4. The provisions of Article 32 are applicable to actions between carriers. However, begin to run either from the date of delivery of a final judgment, which fixes the compensation to be paid by virtue of the present Convention, or, if no such decision, starting from the day of actual payment.
Carriers are free to agree among themselves on provisions other than those laid down in Articles 37 and 38.
CHAPTER VII: Nullity of stipulations contrary to the Convention Art. 41
1. Subject to aritcolului 40, it is null and without effect any stipulation which, directly or indirectly, would derogate from the provisions of this Convention. Nullity of such a stipulation does not void the remaining provisions of the contract.
2. In particular, will be void all clauses that would give cargo carrier insurance benefits or any analogous clause that any clause that changes the burden of proof.
Chapter VIII: final provisions Art. 42
1.This Convention is open for signature or accession by countries members of the Economic Commission for Europe and countries admitted to the Commission in a consultative capacity under paragraph 8 of this Commission.
2. Such countries as may participate in certain activities of the Economic Commission for Europe under paragraph 11 of the mandate of this committee, may become Contracting Parties to this Convention acceding to it after its entry into force.
3. This Convention shall be open for signature until August 31, 1956 inclusive. Thereafter, it shall be open for accession.
4. This Convention shall be ratified.
5. Ratification or accession shall be effected by depositing an instrument with the Secretary General of the United Nations.
1. This Convention shall enter into force on the ninetieth day after five of the countries referred to in paragraph 1 of Article 42 have deposited their instruments of ratification or accession.
2. For any country ratifying or acceding to it after five countries have deposited their instruments of ratification or accession, this Convention shall enter into force on the ninetieth day after the deposit of the instrument of ratification or accession of that country.
1.Each Contracting Party may denounce this Convention by notification addressed to the Secretary General of the United Nations.
2. Such denunciation shall take effect 12 months from receipt of the notification of denunciation by the Secretary General.
If after the entry into force of this Convention the Contracting Parties will drop as a result of denunciations, to less than five, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.
1. Orice tara va putea, in momentul depunerii instrumentului de ratificare sau de aderare sau la orice data ulterioara, sa declare, prin notificare adresata secretarului general alOrganizatiei Natiunilor Unite, ca prezenta conventie va fi aplicabila, la totalitatea sau numai la o parte a teritoriilor pe care le reprezinta pe plan international. Conventia va fi aplicabila teritoriului sau teritoriilor mentionate in notificare dupa a nouazecea zi din momentul primirii acestei notificari de catre secretarul general sau, daca la aceasta data conventia inca nu a intrat in vigoare, de la data intrarii sale in viogare.
2. Any country that will be made under the preceding paragraph, a declaration having the effect of the application of this Convention to any territory for which he is internationally may, under Article 44, to terminate the Convention regarding the said territory.
Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention, which the parties were unable to settle by negotiation or other means, will be brought at the request of either Contracting Party concerned before the International Court of Justice to be solved it.
1. Each Contracting Party may, at the time when the signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by article 47 of the Convention. Other Contracting Parties shall not be bound by Article 47 against
any Contracting Party which has made such a reservation.
2. Any Contracting Party which has made a reservation under paragraph 1 may in
any time withdraw this reservation by notification aderesata Secretary General of the United Nations.
3. No other reservation to this Convention shall be permitted.
1. Dupa ce prezenta conventie va fi fost in vigoare timp de 3 ani, orice parte contractanta va putea, prin notificare adresata secretarului general al Organizatiei Natiunilor Unite, sa ceara convocarea unei conferinte cu scopul de arevizui prezenta conventie. Secretarul general va notifica aceasta cerere tuturor partilor contractante si va convoca o conferinta de revizuire daca, intr-un termen de 4 luni de la data notificarii adresate de el, cel putin un sfert din numarul partilor contractante ii notifica acordul lor fata de aceasta cerere.
2. If a conference is convened in accordance with the preceding paragraph, the Secretary General will advise all the Contracting Parties and invite them to submit, within three months, proposals would be considered by the conference. The Secretary General shall communicate to all Contracting Parties the provisional agenda for the conference together with the texts of such proposals no later up to three months before the opening session.
3. The Secretary-General shall invite to any conference convened under this article all countries referred to in paragraph 1 of Article 42, and countries have become Contracting Parties under paragraph 2 of Article 42.
Besides ntotificarile provided in Article 49, the Secretary General of the United Nations vanotifica countries covered by paragraph 1 of Article 42, and the countries which have become Contracting Parties under paragraph 2 of Article 42:
a) ratifications and accessions under article 42;
b) date of entry into force of this Convention, in accordance with Article 43; c) denunciations under Article 44;
d) The termination of this convention under Article 45;
e) Notifications received ocnform Article 46;
f) primt declarations and notifications in accordance with paragraphs 1 and 2 of the article 48. Art. 51
After August 31, 1956, the original of this Convention shall be deposited with the Secretary General of the United Nations, who shall transmit certified copies to each of the countries covered in paragraphs 1 and 2 of Article 42.
WITNESS WHEREOF the undersigned, duly authorized, ausemnat this Convention.
DONE at Geneva, one thousand nine hundred nineteen more fifty-six, in one copy in English and French, both texts being equally authentic.
ANNEX: PROTOCOL OF SIGNATURE
When signing the Convention on the Contract for international carriage of goods by road, the undersigned, duly authorized, they have agreed on the following statements and clarifications:
1. This Convention does not apply to transport between the United Kingdom and Republic of Ireland.
2. In Article 1, paragraph 4:
The undersigned undertakes to treat the conclusion of agreements concerning the contract for carriage displacement effects and combined transport contract.
WITNESS WHEREOF the undersigned, duly authorized, have signed prezentulprotocol.
Done at Geneva, one thousand nine hundred nineteen more fifty-six, in one copy in English and French, they both texts being equally authentic.