Convention CMRPrawo transport

The Convention on the Contract of International Carriage of Goods by Road (CMR) and Protocol of signature, done at Geneva 19 May 1956 r

of 19 May 1956 r. (Dz.U. 1962 No. 49, Item. 238)

(sprost.: Dz.U. of 1995 r. No. 69, Item. 352)

On behalf of the Polish People's Republic

COUNCIL MEMBER

POLISH PEOPLE'S REPUBLIC

publicly announces:

The Convention on the Contract of International Carriage of Goods by Road (CMR) and sign the protocol drawn up in Geneva on 19 May 1956 r.

Having taken note of the above Convention and Protocol, the Council of State considered it and thinks that the subject uczynionym upon signing the Convention; declares, that the said Convention and Protocol are adopted, ratified and confirmed, and promises, that will prevail.

In witness whereof this act was, stamped by the Polish People's Republic.

Given in Warsaw, on 27 April 1962 r.

Admission

Translation.

CONVENTION ON CONTRACTS INTERNATIONAL TRANSPORT OF GOODS (CMR)

Admission

The Contracting Parties,

Recognizing the desirability of standardizing the conditions of contract for the international carriage of goods by road, especially if the documents used for such carriage and the liability of the carrier,

Agreed to the following provisions:

Chapter I. Scope

Article 1.

1. This Convention applies to every contract for the carriage of goods by road in vehicles, irrespective of place of residence and nationality of the parties, if the place of acceptance of your shipment and the place provided for the delivery, according to their designation in the contract, are in two different countries, least one of which is a contracting country.

2. For the purposes of this Convention, "vehicles” means motor, articulated vehicle, trailers, according to their definition in article 4 Convention on Road Traffic of 19 September 1949 r.

3. This Convention shall be applied, where carriage coming within its scope is carried out by States or by governmental institutions or organizations.

4. This Convention shall not apply:

a) to be operated on the basis of any international postal convention;

b) the transport delay

c) for furniture removal.

5. The Contracting Parties agree not to introduce any amendments to this Convention by special agreements, between two or more of them, with the exception of agreements concluded in order to exclude it inapplicable to their frontier traffic or to authorize the use in transport, confined to their territories, consignment notes representing a title to the goods.

Article 2.

1. If the vehicle containing the goods is carried over part of the journey by sea, by rail, inland waterways or air, without reloading, with the exception of the possible application of the provisions of Article 14, this Convention shall nevertheless apply to all carriage. However, as the proof, that loss, damage or delay in delivery of goods, which occurs during the transport of other means of transport by road, was not caused by act or omission on the part of road, but that it results from the, which could only have occurred during and as a result of transportation other than road, road carrier's liability is determined not by this Convention, but in a way, which would be determined by the carrier other than road, if the contract of carriage has been concluded between the sender and the carrier of the same goods are, accordance with the applicable provisions of law, for the carriage of goods other means of transport by road. However, in the absence of such provisions of the liability of the carrier by road shall be determined by this convention.

2. If the carrier by road is also a carrier other than road, his liability shall also paragraph. 1, as if the function of road and its function as a carrier other than road have been performed by two different people.

Chapter II. People, for which the carrier is responsible

Article 3.

In the application of this Convention the carrier shall, as for its own acts and omissions, for the acts and omissions of its employees and all other persons, whose services he makes use for the performance of carriage, when those employees or persons acting in execution of their duties.

Chapter III. Execution and performance of the contract of carriage

Article 4.

Evidence of a contract of carriage of a consignment note. Lack, irregularity or loss of the bill of lading does not affect the existence or the validity of the contract of carriage, which shall remain subject to the provisions of this Convention.

Article 5.

1. The consignment note in three original copies, signed by the sender and the carrier, These signatures may be printed or replaced by the stamps of the sender and the carrier, if permitted by the laws of the country, in which the consignment note. The first copy handed to the sender, the second shall accompany the consignment, and the third retained by the carrier.

2. If designed to carry goods to be loaded in different vehicles, or in terms of different types of goods or of separate parts, shipper or carrier is entitled to issue as many bills of lading, how many vehicles should be used, or if the types or batches of goods.

Article 6.

1. The consignment note shall contain the following information:

a) place and date of issue;

b) name (name) and address of the sender;

c) name (name) and address of the carrier;

d) place and date of receipt of goods for carriage and the place of issue;

and) name (name) and address;

f) commonly used to determine the type of goods and the method of packing, and dangerous goods, their generally recognized description;

g) quantity, their marks and numbers;

h) The gross weight or their quantity otherwise expressed;

i) costs associated with transportation (transportable, additional costs, customs duties and other charges incurred from the contract to the time of delivery);

j) instructions needed for customs formalities and other;

k) statement, that the carriage, regardless of any clause, subject to the provisions of this Convention.

2. If the consignment note shall contain the following particulars:

a) prohibition of transhipment;

b) costs, the sender assumes;

c) The amount of cash on delivery;

d) declared value of goods and the amount representing special interest in delivery;

and) The sender's instructions to the carrier regarding insurance of the goods;

f) appointment, in which the carriage is to be made;

g) list of the documents handed to the carrier.

3. The parties may enter in the consignment note any other particulars, they deem necessary.

Article 7.

1. The sender is responsible for all costs and damages, sustained by the carrier as a result of inaccuracy or inadequacy of:

a) data listed in the article 6, paragraph 1, b), d), and), f), g), h) i j);

b) data listed in the article 6, paragraph 2;

c) any other data or instructions, given by him to enable the consignment note or to bring them to him.

2. If, at the request of the sender, the carrier enters in the consignment note the particulars provided for in paragraph 1 this article, adopted in the absence of proof to the contrary, that he acted on behalf of the sender.

3. If the consignment does not contain a statement, provided for in article 6, paragraph. 1, k), operator is responsible for all costs and damages, which could suffer due to the negligence of the person having the right to the goods.

Article 8.

1. When the goods, the carrier shall check:

a) accuracy of the consignment note the number of packages, and their marks and numbers;

b) apparent condition of the goods and their packaging.

2. If the carrier is unable to adequately verify the accuracy of the data provided in paragraph 1 a) this article, entered in the bill of lading a reservation, which should be justified. It should also substantiate any claims, which he makes with regard to the apparent condition of the goods and their packaging. Reservations shall not bind the sender, if he did not accept them clearly in the consignment.

3. The sender is entitled to require the carrier to check the gross weight or their quantity otherwise expressed. He may also ask to check the contents of the packages. The carrier may demand payment of the cost of checking. The checking is part of the consignment note.

Article 9.

1. In the absence of proof to the contrary waybill is evidence of the contract, terms of the agreement and receipt of goods by the carrier.

2. In the absence of legitimate carrier, listed in the bill of lading, there is a presumption, that the goods and their packaging were apparently in good condition at the time of acceptance by the carrier and that the quantity, their marks and numbers corresponded with the statements in the consignment.

Article 10.

The sender shall be liable to the carrier for damage to, equipment or other goods, as well as costs, due to defective packing of the goods, unless the defect was apparent or known to the carrier at the time of its adoption, and the carrier has made no reservations concerning.

Article 11.

1. In order to settle customs formalities or other, to be completed before delivery of the goods, the sender shall attach to the bill of lading or the carrier to make available the necessary documents and to give him any information requested.

2. Carrier is not obliged to check, whether such documents and information are accurate and sufficient. The consignor shall indemnify the carrier against all damage, that may arise due to lack of, inadequacy or irregularity of such documents and information, unless there is a fault of the carrier.

3. Liability of the carrier for loss or misuse of the documents mentioned in the consignment and accompanying him or handed to the carrier; However, compensation, which it charged, can not exceed compensation, that payable in the event of loss of the goods.

Article 12.

1. The sender has the right to dispose of the goods, in particular by asking the carrier to stop the carriage, changes in the place designated for delivery of the goods or to deliver him to customers other than indicated in the consignment.

2. That right expires upon, when a second copy of the bill of lading was delivered to the consignee or when he exercises his right under article 13, paragraph 1; from that time onwards the carrier shall obey the orders recipient.

3. The right to dispose belongs to the recipient from the time the consignment note, if the sender makes an entry to that effect in the consignment.

4. If the recipient, exercising his right to dispose of, ordered the delivery of the consignment to another person, the latter may designate other recipients.

5. Exercise of right of disposal shall be subject to the following conditions:

a) the sender or in the case provided for in paragraph 3 of this article, who wishes to exercise that right, the first copy of the bill of lading, which should be included in new instructions to the carrier, , and indemnify the carrier against all expenses and losses, involved with the execution of these instructions;

b) exercise of this right should be made at the time, when the instructions reach the person, which should be done, and should not interfere with the normal working of the carriers or prejudice the senders or consignees of other consignments;

c) the instructions do not cause the division of the consignment.

6. If, by the provisions of paragraph 5 b) this article, the carrier can not carry out the instructions, he shall immediately notify the person, from which such instructions.

7. Carrier, who will not make the instructions given under the conditions provided for in this article or who shall comply with such instruction has requested that the first copy of the bill of lading, liable to the person entitled for any resultant damage.

Article 13.

1. After the arrival of goods at the place designated for delivery, the recipient is entitled to require the carrier to deliver the second copy of the receipt of the consignment note and the goods. If the loss of the goods or where goods have not arrived after the deadline provided for in article 19, the recipient may assert in its own name against the carrier any rights arising under the contract of carriage.

2. Recipient, who enjoy the rights, granted to him under paragraph 1 this article, shall pay the amount due on the consignment note. In case of dispute on this matter, the carrier must deliver the goods only, the recipient shall provide him security.

Article 14.

1. If for any reason carry out the contract under the terms of the consignment is or becomes impossible before the arrival of goods at the place designated for delivery, the carrier shall ask for instructions from the person entitled to dispose of, pursuant to Rule 12.

2. However, if the circumstances are such that the carriage on terms different from those provided for in the bill of lading, and if the carrier fails to obtain in a sufficiently short time instructions from the person entitled to dispose of in accordance with Article 12, he shall take such, they seem to him to be in the best interest of the person entitled to dispose of.

Article 15.

1. If, after the arrival of the goods to the destination circumstances prevent its release, the carrier shall ask for instructions from the sender. If the consignee refuses the goods, consignor has the right to dispose of them without having to present the first copy of the bill of lading.

2. Recipient, even if he has refused to accept the goods, may always require delivery, until the carrier has not received contrary instructions from the sender.

3. When circumstances preventing delivery of the goods arise after the, as recipient, Acting in accordance with the law, which he is entitled under Article 12, paragraph 3, he gave an order for goods to another person, then applying the provisions of the foregoing paragraphs 1 i 2, consignee were the sender and that other person were the consignee.

Article 16.

1. The carrier is entitled to reimbursement of costs incurred in requesting his instructions or their implementation, provided that such expenses were caused by client.

2. In the cases provided for in Article 14, paragraph 1 and in the article 15 the carrier may immediately unload the goods for the account of a person authorized; them and thereupon the carriage shall be considered satisfied. The carrier shall then assume custody of the goods. However, it may entrust a third party and then is responsible only for reasonable choice of the person. Goods to pay debts, under the consignment note and all other expenses.

3. The carrier may sell the goods, without awaiting instructions from the person entitled, if the excuse is perishable or their condition warrants, or if the costs of storing the goods are disproportionately high in relation to its value. In other cases it may also proceed to the sale, if not received in due time to the person entitled instructions to the contrary, performance of which may reasonably be required.

4. If the goods have been sold pursuant to this article, the proceeds of sale should be placed at the disposal of the person entitled, any costs imposed on the goods. If these charges exceed the proceeds from the sale of, carrier is entitled to the difference.

5. The procedure in case of sale shall be determined by law or custom of the place, where the goods are situated.

Chapter IV. The liability of the carrier

Article 17.

1. The carrier is responsible for total or partial loss of goods and for damage thereto, which occurred between the time of acceptance of the goods and its release, as well as for delay in delivery.

2. The carrier shall be relieved of liability, the loss, damage or delay was caused by the fault of the person authorized, its mandate is not under control of the carrier, disadvantage of their own goods or the circumstances, which the carrier could not avoid and the consequences of which could not prevent.

3. The carrier may not relieved of liability by reason of the defective vehicle, he speaks for the performance of the carriage, neither the fault of the person or staff person, in which the vehicle rented.

4. Taking into account the provisions of Article 18, Paragraphs 2 do 5, carrier shall be relieved of liability, the loss or damage arises from the special risks inherent in one or more of the following:

a) vehicles' use of open and unsheeted, when their use has been expressly agreed and specified in the consignment;

b) missing or defective packing, if the goods, because of its natural properties, in the absence or faulty packaging, are vulnerable to loss or damage;

c) manipulation, loading, stowage or unloading of goods by the consignor or the consignee or person acting on behalf of the sender or recipient;

d) The nature of certain goods, may cause total or partial loss or damage, especially through breakage, rust, decay, dry, leakage, normal wastage, or the action of insects and rodents;

and) Insufficiency or inadequacy of marks or numbers on the packages;

f) transport of live animals.

5. Where, under this Article, the carrier is not responsible for some of the factors, which caused the damage, its responsibility is engaged only in this area, what factors, for which he is responsible under this article, contributed to the injury.

Article 18.

1. Proof, that loss, damage or delay was due to one of the reasons provided for in Article 17, paragraph 2, lie on the carrier.

2. When the carrier establishes, that due to the facts, loss or damage could result from one or more of the grounds specified in Article 17, paragraph 4, there is a presumption, that it was so clear. The person entitled may, however, carry proof of, that the damage was not caused wholly or partly to one of these causes.

3. This presumption shall not apply in the case provided for in article 17, paragraph. 4, (a), in case of excessive loss or loss of any package.

4. If carriage is performed in a vehicle, specially equipped to protect the goods from the heat, cold, changes in temperature or humidity, carrier may invoke the blessings of the article 17, paragraph 4, (d) only, he proves, that all steps incumbent on him in the circumstances with respect to the choice, maintenance and use of such devices and that it complied with any special instructions, issued to him.

5. The carrier may claim the benefit of article 17, paragraph 4, (f) only, he proves, that all steps incumbent on him in the circumstances and that he complied with any special instructions, issued to him.

Article 19.

Delay in delivery occurs, when the goods were not delivered on time or, failing an agreed time, the actual duration of the transport, Having regard to the circumstances, especially for consignments of small time required for completing a full load under normal conditions over time, would be reasonable to allow a diligent carrier.

Article 20.

1. The person entitled may, without further evidence, consider the goods as lost, if it is not released within thirty days after the expiry of the agreed deadline, and if the term is not agreed, within sixty days after receipt by the carrier.

2. A person entitled, receipt of compensation for the missing goods, may request in writing, that the goods be recovered within one year after the payment of compensation he shall be notified immediately. It is acknowledgment of such request in writing.

3. Within thirty days after receipt of this notification, the person entitled may require, that the goods have been delivered for payment of debts arising from the bill of lading and returning the resulting damages, after deducting any expenses, that would be covered by the compensation, subject to any rights of compensation for delay in delivery, provided for in article 23 and possibly in the article 26.

4. Absence of the request, provided in paragraph 2, or of any instructions given within the prescribed in paragraph 3 within thirty days or if the goods are not recovered until more than one year after the payment of compensation, the carrier shall be subject to the provisions of the place, where the goods.

Article 21.

If the goods have been delivered to the consignee without collecting credit, which should have been collected under the provisions of the contract of carriage, the carrier must pay the sender for compensation to the amount of credit, preserving the right of recourse to the recipient.

Article 22.

1. When the sender hands carrier carrying dangerous goods, it should describe, the danger, and indicate if necessary, what precautions should be taken. If this information has not been placed on the consignment, the sender or the recipient should carry out some other means, knew that the carrier, the danger of the carriage of these goods.

2. Dangerous goods, carrier would not be known as such, in terms of paragraph 1 this article, may be at any time or place, be unloaded, destroyed or rendered harmless by the carrier without compensation; the sender shall be responsible for all costs and damages arising out of their handing over for carriage or of their carriage.

Article 23.

1. If, under the provisions of this Convention the carrier shall pay compensation for total or partial loss of goods, compensation shall be calculated according to the value of the goods at the place and period accepted for carriage.

2. The value of the goods is determined by the market price or in the absence thereof at the current market price, and in the absence of one or other – according to the normal value of goods of the same kind and quality.

3. Compensation shall not exceed 8,33 unit of account for 1 kilogram of gross weight.

4. In addition, the carriage, Customs duties and other expenses incurred in connection with the carriage of goods, in full in case of total loss and the proportion in the case of partial loss; other damage shall be payable.

5. In case of delay, if the claimant proves, hence that the resulting damage to her, the carrier must pay compensation, not exceeding the carriage.

6. Higher compensation may be claimed only if a declaration of value of goods or a special interest in delivery, accordance with Articles 24 i 26.

7. “Accounting unit”, referred to in this Convention shall be Special Drawing Rights created by the International Monetary Fund. Amount, referred to in paragraph. 3 this Article shall be converted into national currency of the forum, to whom a request on, based on the value of that currency on the assessment or the date specified by the Parties. The value of national currency, in the context of special drawing rights, State member of the International Monetary Fund, will be calculated according to the method of valuation applied by the International Monetary Fund as of the date set for its operations and transactions. State of the national currency, which is not a member of the International Monetary Fund, with respect to special drawing rights, will be calculated in the manner prescribed by the State.

8. However, the, state, which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 7 this article, may, at the time of ratification or accession to this Protocol or at any later date, state, that the limitation of liability provided for in paragraph 3 this article for use in the territory of the State, will be 25 currency units. Specified in this paragraph corresponds to the monetary unit 10/31 grams of gold sample 0.900. The conversion of this amount into the national currency should be held in accordance with the laws of the State.

9. Calculation, referred to in the last sentence of paragraph 7 this Article and the conversion, referred to in paragraph 8 this article shall be in such a way, in national currency to the country as closely as possible to express the same real value of the amount specified in paragraph 3 this article, which was expressed in units of account. The Member State shall inform the Secretary General of the United Nations on how to calculate, pursuant to paragraph 7 this Article or, depending on the circumstances, a result of the conversion, referred to in paragraph 8 this article, at the time of the document referred to in Article 3 Protocol to the CMR Convention,and whenever the time of any subsequent change in that manner of calculation or the result of the conversion.

Article 24.

The sender may declare in the consignment fee for the agreed value of goods exceeding the limit specified in paragraph 3 Article 23 in this case the amount declared replace the boundary.

Article 25.

1. In case of damage the carrier liable for the amount, by which the decreased value of the goods, calculated according to the value determined in accordance with article 23, Paragraphs 1, 2 i 4.

2. Compensation shall not exceed:

a) if the whole consignment has lost value through damage – amount, payable in the event of loss of the whole consignment;

b) if only part of the consignment has lost value through damage – amount, payable in the event of loss of, which has lost value.

Article 26.

1. The sender can determine by typing in the consignment note for the amount of the fee agreed upon a special interest in delivery of the consignment in case of loss or damage, and in case of exceeding the agreed delivery date.

2. If a declaration of special interest in delivery, may be required regardless of the compensation provided in the articles 23, 24 i 25 additional compensation equal to the damage, which has been proven, up to the amount declared.

Article 27.

1. The person entitled to claim interest on compensation payable. These percentages are, of 5% annually, count from the date sent in writing to the carrier, if no such claim was not, from legal proceedings were instituted.

2. If the data used as the basis for the calculation of damages are not denominated in the currency of the, which payment is claimed, conversion shall be at the rate of the day and place of payment of compensation.

Article 28.

1. If under the law, which is applicable, loss, damage or delay, arising out of carriage under this Convention, gives rise to an extra-contractual claim, carrier may use the provisions of this Convention, which exclude his liability of which fix or limit the compensation due.

2. As regards non-contractual liability of one of those, for which the carrier is responsible under article 3, due to loss, damage or delay, person may also benefit from the provisions of this Convention, which exclude the liability of the carrier or which fix or limit the compensation due.

Article 29.

1. The carrier has no right to use the provisions of this chapter, which exclude or limit his liability or which shift the burden of proof, if the damage was caused by willful negligence of the carrier or its, which, according to the law of the place of a court case is considered as equivalent to willful misconduct.

2. The same shall apply, if the willful misconduct or default committed by employees of the carrier or any other person, whose services he makes use for the implementation of transportation, If your employees or other persons acting in execution of their duties. In this case, agents, servants or other persons have no right to the use of their personal liability provisions of the Chapter, listed in paragraph 1.

Chapter V. Complaints and claims

Article 30.

1. If the recipient received the goods, without checking with the carrier status to the carrier or without sending him reservations giving a general indication of the loss or damage by the time of delivery, As for the apparent loss or damage to, or within seven days from the date of delivery, Sundays and public holidays, the case of loss or damage not visible – presumed to be, if there is no evidence to the contrary, that received the goods in the condition described in the consignment. Reservations provided for above shall be made in writing, the case of loss or damage not visible.

2. If the condition of the goods has been checked by the consignee and the carrier, evidence contradicting the result of this checking shall only be carried out, except in the case of loss or damage not visible and if the consignee has duly sent reservations in writing to the carrier within seven days from the date of the check, excluding Sundays and public holidays.

3. Delay may give rise to compensation only if, when the reservation has been sent in writing within 21 days from the date the goods were placed at the disposal of the recipient.

4. The date of delivery or – as the case – check on the goods or the date of making available is not included in the time limits provided in this article.

5. The carrier and the consignee shall give each other every reasonable facility for making the requisite investigations and checks.

Article 31.

1. In all disputes, arising out of carriage under this Convention, plaintiff may bring the matter before the courts of the contracting countries, defined by the parties by mutual agreement, in addition to the courts of the country, in whose area:

a) defendant is domiciled, head office or branch or agency, through which the contract of carriage, or

b) the place of receipt of goods to the carrier or the place of delivery,

and can not bring the case to another court.

2. When the dispute, provided for in paragraph 1 this article, matter pending before a court competent under that paragraph, or when such a dispute was declared by a court judgment, You can not initiate any new cases from the same cause between the same parties, unless the judgment of the court, before the first case was initiated, would not be feasible in the country, where he initiated a new case.

3. ^[1] When the dispute, provided for in paragraph 1 this article, judgment entered by a court of a contracting country has become enforceable in that country, it shall also become enforceable in each of the other contracting States, immediately after completing the formalities required in the country concerned. They may not include a review of the matter.

4. The provisions of paragraph 3 this Article shall apply to judgments after trial, to judgments by default and court settlements, but they are not used, nor to judgments about the feasibility of only temporary, nor to judgments, which in addition to costs against a plaintiff's damages as a result of total or partial dismissal of his action.

5. You can not demand from nationals of contracting countries, having their place of residence or business in one of these countries, Security for costs of the trial, arising out of carriage under this Convention.

Article 32.

1. Claims, which may arise out of carriage under this Convention, lapse after one year. However, in the case of willful misconduct or default, which, according to the law of the trial court is considered as equivalent to willful misconduct, limitation period is three years. The period of limitation runs:

a) in the case of partial loss, damage or delay in delivery – from the date of issue;

b) in cases of total loss – from the thirtieth day after the expiry of the agreed delivery date, or, If there is no agreed time limit – from the sixtieth day following receipt by the carrier;

c) In all other cases – from the end of three months from the date of the contract of carriage.

On, indicated above, as output for the period of limitation, not included in the limitation period.

2. Written claim shall suspend the limitation period until the day, the carrier rejects the claim in writing and return the documents attached to it. If part of the claim period of limitation shall resume only for that part of the claim, still in dispute. Proof of receipt of the claim or the reply and the return of the of the documents, that it relies on the fact. Complaints later on the same subject does not suspend the limitation.

3. Subject to the preceding paragraph 2, period of limitation shall regulate the law of the court seised. The same applies to interrupt the limitation period.

4. Barred claim can not be exercised, even by way of counterclaim or set-.

Article 33.

The contract of carriage may contain a clause giving jurisdiction of the arbitral tribunal provided, provided that this clause, that the tribunal shall apply this Convention.

Rozdział VI. Provisions Relating to Carriage Performed by Successive Carriers

Article 34.

If carriage is performed pursuant to a contract by successive road carriers, each of them takes responsibility for the execution of the whole operation, the second carrier and each succeeding carrier becoming a commodity and by adopting a bill of lading party to the contract under the conditions specified in the consignment.

Article 35.

1. Carrier, accepting the goods from a previous carrier, give the latter a dated and signed acknowledgment of receipt. He shall enter his name and address on the second copy of the consignment note. If necessary, put it on the second copy, as well as on the receipt reservations similar to those, which are provided in the article 8 paragraph 2.

2. The provisions of Article 9 apply to the relations between successive carriers.

Article 36.

Except in the case of a counterclaim or a plea when considering action based on the same contract of carriage, action for liability for loss, damage or delay, can be directed only against the first carrier, the last carrier or the carrier, who performed the part of the transport, during which the event causing the loss, damage or delay; action may be brought simultaneously against several of these carriers.

Article 37.

Carrier, which under the provisions of this Convention has compensated, entitled to recover such amount of compensation, interest and costs to the carriers, who participated in the execution of the contract of carriage, accordance with the following provisions:

a) carrier, which caused the damage, should bear the burden of compensation, which are paid by himself or by another carrier paid;

b) If the damage caused by two or more carriers, each of them shall pay an amount proportionate to his share of responsibility; if the division of responsibility is impossible, each of which corresponds to the proportion to his share of remuneration for the carriage;

c) If you can not determine, which of the carriers should be considered responsible, the burden of damages apportioned between all the carriers in respect of the point set. b).

Article 38.

If one of the carriers is insolvent, part of the compensation due from him, and unpaid, divided among the other carriers in proportion to their salary.

Article 39.

1. Carrier, against which applied to one of the recourse, provided for in articles 37 i 38, can not contest the basis of payment by the claimant carrier return, if compensation has been established by judicial decision, if only he was duly informed about the process and was able to occur there in the intervening.

2. Carrier, who wants to claim return, may bring the matter before a competent court of, where one of the carriers concerned is resident, headquarters, branch or agency, through which the contract of carriage. A claim may be made defendants in one and the same case against all the carriers.

3. The provisions of Article 31, Paragraphs 3 i 4, apply to judgments entered in the proceedings, provided for in articles 37 i 38.

4. The provisions of Article 32 apply to claims between carriers. The period of limitation runs from the day, however, or judicial decision, fixing the final amount of compensation payable under the provisions of this Convention, or from the date of actual payment in the absence of such a judgment.

Article 40.

Carriers shall be free to agree among themselves on provisions that differ from the provisions of Articles 37 i 38.

Chapter VII. Nullity of Stipulation to the Convention

Article 41.

1. Subject to the provisions of Article 40 be null and void any clause, which directly or indirectly derogate from the provisions of this Convention. The nullity of such a stipulation does not render void the remaining provisions of the contract.

2. In particular, would be null and void any clause of the outgoing to the carrier benefit of insurance and any other similar clause, as well as any clause shifting the burden of proof.

Chapter VIII. Final Provisions

Article 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 an advisory, accordance with section 8 the Commission's terms.

2. Counties, may participate in certain activities of the Economic Commission for Europe pursuant to clause 1 the Commission's terms, may become Contracting Parties to this Convention by acceding thereto after its entry into force.

3. The Convention shall remain open for signature until 31 August 1956 year inclusive. Thereafter, it shall be open for accession.

4. This Convention shall be ratified.

5. Ratification or accession shall be effected by the deposit of an instrument with the Secretary General of the United Nations.

Article 43.

1. This Convention shall enter into force on the ninetieth day after five of the countries, mentioned in paragraph 1 Article 42, instrument of ratification or accession.

2. For each country, ratifying or acceding to it after the deposit of its instrument of ratification or accession by five countries, this Convention enters into force on the ninetieth day after the deposit of its instrument of ratification or accession of the said country.

Article 44.

1. Any Contracting Party may denounce this Convention by notification addressed to the Secretary General of the United Nations.

2. Denunciation shall take effect twelve months after the date of receipt of notification by the Secretary-General.

Article 45.

If, after the entry into force of this Convention, the number of Contracting Parties to the effect of notice of less than five, this Convention shall cease to have effect from the date of, in which the last of such denunciations takes effect.

Article 46.

1. Any country may, when depositing its instrument of ratification or accession or at any later time declare by notification, the Secretary-General of the United Nations, that this Convention shall apply to all or parts of territories, of which it is in international relations. The Convention will apply to the territory or territories mentioned in the, as from the ninetieth day after the receipt of this notification by the Secretary-General, or if the Convention has not yet entered into force, from the date of its entry into force.

2. Each country, who files under the preceding paragraph statement, aimed at extending this Convention to the territory, of which it is in international relations, will be able in accordance with article 44 denounce the Convention in respect of that territory.

Article 47.

Any dispute between two or more Contracting Parties, concerning the interpretation or application of this Convention, which the parties could not settle by negotiation or otherwise, can be made upon the request of the Contracting Parties to the International Court of Justice to resolve.

Article 48.

1. Any Contracting Party may, at the time of signing or ratifying this Convention or accession thereto, declare, it does not consider itself bound by Article 47 Convention. Other Contracting Parties shall not be bound by Article 47 in a Contracting Party, which has entered such a reservation.

2. Each Contracting Party, which has entered such a reservation in accordance with paragraph 1, may at any time withdraw such reservation by notifying, the Secretary-General of the United Nations.

3. No other reservation to this Convention shall be permitted.

Article 49.

1. After three years of this Convention, Any Contracting Party may, by notification addressed to the Secretary General of the United Nations request the convening of the conference, leading to the revision of this Convention. The Secretary General shall notify the requesting all Contracting Parties and shall convene a review conference, if, within four months from the date of its notification to at least one-fourth of the Contracting Parties notify him of their concurrence with the request.

2. If a conference is convened in accordance with the preceding paragraph, The Secretary General shall notify all Contracting Parties and invite them to submit within three months such proposals, whose discussion may wish the Conference. The Secretary General shall circulate to all Contracting Parties the provisional agenda for the conference, the texts of such proposals, at least three months before the date on which the conference.

3. The Secretary General shall invite to any conference, convened in accordance with this Article, all countries referred to in paragraph 1 Article 42, as well as countries, which have become Contracting Parties under paragraph 2 Article 42.

Article 50.

In addition to the notifications provided for in article 49, Secretary General of the United Nations shall notify the countries referred to in paragraph 1 Article 42, as well as countries, which have become Contracting Parties, pursuant to paragraph 2 Article 42, the:

a) ratifications and accessions under article 42;

b) dates, in which the Convention enters into force pursuant to Article 43;

c) denunciations under Article 44;

d) termination of this Convention under article 45;

and) Notifications received in accordance with Article 46;

f) declarations and notifications received in accordance with paragraphs 1 i 2 Article 48.

Article 51.

After a day 31 August 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 listed in paragraphs 1 i 2 Article 42.

In witness whereof the undersigned, duly authorized, signed this Convention.

Done at Geneva, this nineteenth day of May one thousand nine hundred and fifty-six, one copy, in English and French, both texts being equally authentic.

For Austria:

ALBERT BUZZI-money

For Belgium:

LEROY

For the German Federal Republic:

ARTHUR PUKALL

RUDOLF STEG

For France:

De Curton

For Luxembourg:

R. LOGELIN

For the Netherlands:

H. SCHEFFER

For the Kingdom in Europe

For Poland:

Subject, that the Government of the Polish People's Republic does not consider itself bound by Article 47 Convention

GEORGE CART

For Sweden:

G. OF SYDOW

For Switzerland:

Tapernoux

For Yugoslavia:

LJUBISA VESELINOVIC

MINUTES OF THE SIGNING

MINUTES OF THE SIGNING

By acceding to the Convention on the Contract of International Carriage of Goods by Road, the undersigned, duly authorized, agreed upon the following provision and explanation:

1. This Convention shall not apply to traffic between the United Kingdom of Great Britain and Northern Ireland and the Republic of Ireland.

2. To this article 1 paragraph 4

The undersigned agree to znegocjowania Convention on contracts for furniture removals and combined transport contract.

In witness whereof the undersigned, duly authorized, signed this Protocol.

Done at Geneva, this nineteenth day of May one thousand nine hundred and fifty-six, in one copy in English and French, both texts being equally authentic.