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Convention on the Contract of international Carriage of goods by road (CMR)
The contracting parties, in finding it useful to regulate in a uniform manner the terms of the contract for the International Carriage of goods by road, in particular if it goes for the documents used for that carriage and the liability of the carrier, have agreed to The following provisions:
1. This Convention shall apply to any contract for the commercial carriage of goods by road in vehicles, irrespective of the place of residence and the nationality of the parties, if the place of acceptance of the consignment for carriage and the place envisaged for its supply, According to their designation in the contract, they will be located in two different countries, of which at least one is a contracting country.
2. For the purposes of applying this convention, ‚ vehicles ‚ means cars, członowe vehicles, trailers and semi-trailers, as defined in article 4 of the Road Traffic Convention of 19 September 1949 Years.
3. This Convention shall also apply when services falling within it are carried out by States or by governmental institutions or Organisations.
4. This Convention shall not apply:
(a) to carriage carried out on the basis of international postal conventions;
B/for the carriage of carcases;
C/for Carriage of resettlement goods.
5. The Contracting Parties agree to make any amendment to this Convention by means of special agreements concluded between two or more of them, with the exception of the agreements concluded to exclude from its operation The right to use in a carriage limited exclusively to their territory, a consignment note constituting the title of the GOODS.
1. Where a vehicle containing goods is carried by sea, by rail, inland waterway or air, without transhipment, except in the case of the possibility of applying the provisions of article 14, this Convention shall nevertheless apply to the whole Carriage. however, as evidenced that the loss, damage or delay in delivery of the goods, which occurred during transport by a different transport type than by road, was not caused by the operation or omission of the road carrier, but that It follows from a fact which may have occurred only during and through Non-road transport, the liability of the road operator is not determined by this Convention but in the manner in which the liability of the carrier would be determined Other than by road, if the contract of carriage was concluded between the consignor and that carrier for the carriage of the goods itself, in accordance with the provisions in force concerning the carriage of goods by other modes of transport than by Road. however, in the absence of such provisions, the liability of the road operator shall be determined by this Convention.
2. Where a road transport operator is at the same time a non-road carrier, its liability shall also be defined in paragraph 1 as if its function as a road carrier and its non-road carrier function were carried out by two different persons.
Persons for whom the carrier is responsible
In the application of this convention, the carrier shall respond, as for its own acts and negligence, for the acts and omissions of its employees and all other persons to whom the services are referenced in order to carry out the carriage when such employees or such Persons acting in the performance of their functions.
Conclusion and performance of contract of carriage
Proof of conclusion of the contract of carriage is the consignment Note. The absence, irregularity or loss of the consignment note shall not affect the existence or the validity of the contract of carriage, which shall nevertheless be subject to the provisions of this Convention.
1. The consignment note shall be shown in three original copies signed by the consignor and by the carrier, the signatures of which may be printed or replaced by the stamps of the consignor and the carrier, if the legislation of the country in which the consignment note was Issued. The first copy shall be given to the consignor, the other accompanied by the consignment Note. The first copy shall be given to the consignor, the second accompanied by the consignment and the third shall stop the Carrier.
2. If the goods to be transported are to be loaded on different vehicles or for different types of goods or for separate lots, the consignor or the carrier may require the issue of the number of waybills, how many vehicles should be used or how many or lot of goods.
1. The consignment note shall contain the following particulars:
(a) the place and the date of issue;
(b) the name and address of the consignor;
(c) the name and address of the carrier;
(d) the place and date of acceptance of the goods and the intended place of issue;
(e) the name and address of the consignee;
(f) a commonly used identification of the type of goods and the manner of packaging and, for dangerous goods, their generally recognised designation;
G/number of pieces, their characteristics and numbers;
(h)/gross weight or otherwise expressed quantity of goods;
I/the costs associated with the carriage (carriage, ancillary costs, customs duties and other costs arising from the date of conclusion of the contract until delivery);
(j) the instructions necessary for customs and other formalities;
(k) A statement that the carriage, notwithstanding any contrary clause, is subject to the provisions of this Convention.
2. If necessary, The consignment note shall also contain the following particulars:
(a) No transhipment;
(b) the Consignor’s costs;
(c) The amount to be collected at the delivery of the goods;
(d) the value of the goods declared and the sum representing the special interest in its supply;
E. Shipper’s instructions to the carrier for the insurance of the consignment;
(f) prearranged the date on which the transport is to be made;
(g) a list of documents wręczonych the Carrier.
2. The Parties may submit to the consignment note any other data they deem necessary.
1. The consignor shall be responsible for all costs and damages which the carrier may incur as a result of inaccuracies or inadequacy:
(a)/data referred to in article 6, paragraphs 1, b), d), e), f), g), h), and j);
(b) the data referred to in article 6, paragraph 2;
C/any other data or instructions issued by him for the purpose of issuing the consignment note or for bringing them to Him.
2. if, at the request of the consignor, the carrier enters the consignment note the particulars provided for in paragraph 1 of this article shall be presumed in the absence of proof to the contrary that it acted on behalf of the Consignor.
3. If the consignment note does not contain a declaration provided for in article 6, paragraph 1, k), The carrier shall be liable for all costs and damages which it might incur due to the negligence of the person having the right to the GOODS.
1. In the absence of opposite evidence, the consignment note shall be proof of the conclusion of the poi, the terms of the contract and the acceptance of the goods by the Carrier.
2. In the absence of reasonable reservations by the carrier entered in the consignment note, it is presumed that the goods and its packaging were in good condition at the time of arrival by the carrier and that the number of pieces, as well as their characteristics and numbers, were in accordance with Statements on the bill of Lading.
The consignor shall be liable to the carrier for damage caused to persons, equipment or other goods, as well as costs which would cause the defective packaging of the goods to be visible, unless the defect was visible or known to the carrier at the time of its And the carrier has not raised any objections to this Item.
1. In order to carry out customs or other formalities to be completed before the goods are issued, the consignor shall attach to the consignment note or make available the necessary documents at the disposal of the carrier and give it all the information requested.
2. The carrier shall not be obliged to check that these documents and information are accurate and sufficient. The consignor shall be liable to the carrier for any damage which might arise as a result of the absence, niedostaeczności or irregularity of those documents or information unless the wine is overhauled by the Carrier.
3. The carrier shall be liable as Commission merchant for the loss or misuse of the documents listed on the consignment note and attached to it or wręczonych the carrier; however, compensation which is chargeable to it cannot exceed the compensation which would have been in the event of the loss of the GOODS.
1. The consignor shall have the right to dispose the goods and, in particular, require the carrier to suspend the transport, change the place provided for the goods or issue it to the consignee other than that indicated on the consignment Note.
2. This right shall lapse as soon as the second copy of the consignment note has been issued to the consignee or when the latter has exercised the right provided for in article 13, paragraph 1; From now on, the carrier should adhere to the recommendations of the Consignee.
3. however, the right to a regulation shall be made to the consignee from the date of issue of the consignment note, if the consignor has so mentioned on the consignment List.
4. If the consignee, exercising his or her right to dispose, orders the shipment to another person, the latter may not appoint other recipients
5. The implementation of the law of the goods shall be subject to the following conditions:
(a) the consignor or, in the case provided for in paragraph 3 of this article, the consignee who wishes to exercise the right shall present the first copy of the consignment note to which new instructions issued to the carrier should be entered, and Reward the Wszelkiekoszty carrier and the damage it entails in carrying out these instructions;
(b) the exercise of this right should be possible at the time when the instructions be sure to the person who should perform them and should not disturb the normal operation of the company carrier, nor cause damage to the consignor or the consignee of other consignments;
C/instructions may never cause a consignment to be split.
6. if, As a result of the provisions of paragraph 5 (b) of this article, the carrier is unable to carry out the instructions received, it shall immediately notify the person from whom the instructions Originate.
7. A carrier who fails to comply with the instructions issued under the conditions provided for in this article or which complies with such instructions shall not zażądawszy the extension of the first copy of the consignment note to the person authorized to Injury.
1. Upon arrival of the goods at the place provided for its shipment, the consignee shall have the right to require the carrier to issue, on receipt, a second copy of the consignment note and the GOODS. If the goods are found to be missing or if the goods have not arrived after the deadline provided for in article 19, the consignee may, on behalf of the carrier, assert rights arising from the contract of Carriage.
2. The recipient who benefits from the rights which he is entitled to in thought paragraph 1 of this article shall be obliged to pay the receivables receipt resulting from the consignment Note. In the event of a dispute on this subject, the carrier is obliged to deliver the goods only if the recipient grants him a guarantee.
1. If for any reason the execution of the contract of carriage under the conditions laid down in the consignment note is or becomes impossible before the goods are delivered to the place provided for its issuance, the carrier is obliged to request instructions from the person Goods in accordance with article 12.
2. however, where circumstances allow the carriage to be carried out under conditions different from those laid down in the consignment note, and if the carrier fails to obtain a statement from the person authorized to dispose of the goods in sufficient short time, In accordance with article 12, he shall take the measures which he gives to him best in the interest of the person entitled to rozporządzana the GOODS.
1. if, Upon arrival of the goods at the place of destination, there is an obstacle to its release, the carrier shall request instructions from the Consignor. If the consignee refuses to accept the goods, the consignor has the right to dispose it without the obligation to present the first copy of the consignment Note.
2. The consignee, even if he has previously refused to accept the goods, may always insist on his release until the carrier receives the opposite instructions from the Consignor.
3. If an obstacle to the release of goods arises after that, the as the recipient, acting in accordance with the law, which he is entitled under article 12, paragraph 3, gave the order to issue the goods to another person, using the above paragraphs 1 and 2, the recipient shall ascend in the place of the sender, and this Another person in place of the Recipient.
1. The carrier shall have the right to reimbursement of costs caused by his request for instructions or for their execution, provided that such costs do not result from his Fault.
2. In the cases provided for in article 14, paragraph 1 and in article 15, the carrier may immediately unload the goods on the account of the person entitled; After this unloading, the carriage is deemed to have been completed. The carrier shall then take over the supervision of the GOODS. however, He may entrust the goods to a third party and shall only be responsible for a reasonable selection of that Person. The goods shall be loaded with the duties resulting from the consignment note and all other Costs.
3. The carrier may proceed to sprzeaży the goods without waiting for the instructions of the person entitled, if the property is justified by the spoilage or condition of the goods or if the storage costs of the goods are disproportionately high in relation to its Value.
In other cases, he may also proceed with the sale if he has not ptrzymaed within a reasonable period of time from the person entitled to the opposing instructions, the performance of which might reasonably be required.
4. If the goods have been sold pursuant to this article, the amount obtained from the sale shall be placed at the disposal of the person entitled, after deduction of the costs devolving upon the GOODS. If these costs are higher than the amount obtained from the sale, the carrier is entitled to a difference.
5. The handling of the sale is determined by the laws or customs in force in the place where the goods are Located.
1. The carrier is responsible for the total or partial disappearance of the goods or for its damage, which occurred during the period between the przyjeciem of the goods and its release, as well as the delay of delivery.
2. The carrier shall be relieved of this liability if the loss, damage or delay is caused by the fault of the person entitled, its order not due to the Carrier’s fault, the defect of his own goods or oklicznościami, which the carrier does not Could be avoided and the consequences could not be prevented.
3. The carrier may not rely on the exclusion of liability either on the defect of the vehicle which it uses for the performance of the carriage or on the fault of the person or employees of the person with whom the vehicle rented.
4. Having regard to article 18, paragraphs 2 D0 5, The carrier shall be relieved of its liability if the loss or damage of the goods arose from a particular danger resulting from one or more of the following reasons:
(a) (i) the use of open and uncovered vehicles sheeted if this use has been expressly agreed and marked on the consignment note;
(b)/missing or defective packaging, if the goods, because of their natural characteristics, in the absence or the defective packaging, are exposed to loss or damage;
(c)/tampering, loading, stowing or unloading of the goods by the consignor or by the consignee or by persons acting on behalf of the consignor or consignee;
D/natural characteristics of certain goods which may cause total or partial loss or damage, in particular by breaking, rust, spontaneous internal deterioration, drying, leakage, Normal loss or vermin and Rodents
E/inadequacy or defectiveness of the characteristics or numbers on the consignment;
F/transport of Live Animals.
5. if, under this article, the carrier is not liable for certain factors which have caused the damage, its liability shall be involved only in so far as the factors for which it is liable under this article, contributed to the Injury.
1. Proof that the loss, damage or delay is caused by one of the reasons provided for in article 17, paragraph 2, of pregnancy on the Carrier.
2. If the carrier determines that, owing to the facts, the loss or damage could result from one or more of the reasons set out in article 17 (4), it is presumed that it is apparent from Them. The holder may, however, carry out proof that the damage has not been caused wholly or partially by one of those reasons.
3. The foregoing presumption shall not apply in the case provided for in article 17, paragraph 4, a) in the event of excessive loss or in the event of loss of art.
4. If the transport is carried out by means of a vehicle designed specifically to protect the goods against the influence of heat, cold, changes in temperature or humidity of the air, the carrier may invoke article 17, paragraph 4, d) only Where it proves that it przedsięwziął any measures in the circumstances of the choice, Ytzrymania and use of these devices, and that it complied with the special instructions given to Him.
5. The carrier may invoke the benefit of article 17, paragraph 4, f) only if it proves that it przedsięwziął any measures which are in force in the particular circumstances and that it has complied with the special instructions given to Him.
The delay in delivery shall take place when the goods have not been delivered within a agreed time limit or, if not agreed the time limit, if the actual duration of the journey, taking into account the circumstances and in particular, for small shipments, the time necessary For the complete of the full load under normal conditions, it exceeds the time that the diligent carriers can rightly give.
1. The entitled Person may, without further evidence, take the goods as missing if it has not been issued within thirty days after the expiry of the arranged period, and if the period does not agreed, within sixty days after the receipt of the goods by the Carrier.
2. The person entitled, who receives compensation for the missing goods, may request in writing that, if the goods are found within one year after the compensation has been paid, disclosure it forthwith. You must confirm the request in Writing.
3. Within thirty days following receipt of this notification, the authorized person may require that the goods be issued for payment of the duties arising from the consignment note and for reimbursement of Otzrymanego compensation, after possible deduction of costs which They would covered this compensation and subject to any compensation rights for delay of delivery provided for in article 23 and Ewntualnie in article 26.
4. If the claim provided for in paragraph 2 is not made, or if no instructions have been given in paragraph 3 within thirty days, or if the goods were found later than one year after the compensation was paid, the carrier disposes it Applicable in the place where the goods are Located.
If the goods were issued to the recipient without picking up the pass, which the carrier should have been charged in accordance with the provisions of the contract of carriage, the carrier is obliged to pay the sender compensation up to the amount of the credit, retaining a refund claim to Customer.
1. If the consignor entrusts the dangerous goods to the carrier, he shall describe him exactly what danger they present and indicate to him if necessary what means of ostrozności should be Taken. Where this information is not included on the consignment note, the consignor or the consignee shall be carried out by any other means of proof that the carrier knew what niebazpieczeństwo the transport of the said GOODS.
2. Niebazpieczne goods which would not have been przewoxnikowi known as such, in the WARUNAKCH provided for in paragraph 1 of this article, may be landed, destroyed or disposed by the carrier at any time, without any Compensation The consignor shall in addition be responsible for all costs and damages resulting from the entrustment for carriage or from their carriage.
1. if, on the basis of the provisions of this convention, the forwarder carrier is to pay compensation for total or partial loss of goods, this compensation shall be calculated at the value of the goods at the place and during the period of Acceptance.
2. The value of an item shall be determined by a stock exchange assessment or, failing that, at the current market price and, in the absence of one and the other, by the normal value of goods of the same type and Quality.
3. however, compensation may not exceed 25 francs per kilogram of gross weight missing. For Frank is considered to be gold franc, weighing 10/31 grams of gold of the trial 0.900.
4. In addition, carriage, duty and other expenses incurred in connection with the carriage of goods shall be reimbursed, in full in the event of complete disappearance and proportionate in the event of a partial loss; Other damages are not included.
5. In the event of a delay in the delivery, if the person entitled proves that the damage arose therefrom, the carrier is obliged to pay compensation, which can not exceed the amount of the Carriage.
6. A higher compensation may be requested only where the wrtości of the goods is declared or a special interest is declared in its supply in accordance with articles 24 and 26.
The consignor may ZADEKLAROWAC in the consignment note for arrive at an additional charge the value of the goods crossing the frontier referred to in paragraph 3 of article 23 and in this case the amount declared shall replace that Limit.
1. In the event of damage to a consignment, the carrier shall pay the amount by which the value of the goods has fallen, calculated at the value of the goods, determined in accordance with article 23 (1), (2) and (4).
2. however, compensation may not exceed:
(a) if the entire consignment has suffered a reduction in value by damage, the amount to be paid if the whole consignment is lost;
B/if only part of the consignment has suffered a reduction in value by damage, the amount to be paid in case of loss of the part which has suffered a downgrading.
1. The consignor may determine by typing in the consignment note for arrive at an additional charge the amount of special interest in the delivery of the consignment in case of loss or damage, and in case of exceeding the arranged time limit for delivery.
2. Where a declaration of special interest has taken place, it may be claimed irrespective of the compensation provided for in articles 23, 24 and 25 of the compensation equal to the amount of the additional damage proved to be declared.
1. The entitled person may claim interest on the amount of Compensation. These interest rates, amounting to 5% per annum, shall be counted from the date of referral of the written complaint to the carrier and, if there is no such complaint, from the date of the Court Action.
2. Where the data serving as the basis for calculating the compensation are not expressed in the currency of the state where payment is requested, the conversion shall be made at the rate of the day and the place of payment of the Compensation.
1. where, According to the law which applies, disappearance, damage or delay in delivery arising in the course of carriage subject to the present Convention entitles them to claim pozaumowną, the carrier may use the provisions convention, which excludes its liability or which determines or limits the compensation Due.
2. If it is the responsibility of the pozaumowną of one of the persons for which the carrier is responsible pursuant to article 3, for loss, damage or delay, that person may also benefit from the provisions of this Convention which exclude The liability of the carrier or which determines or limits the compensation Due.
1. The carrier shall not be entitled to use the provisions of this chapter which exclude or limit its liability or which carry the burden of proof to the other party if the damage was caused by an ill-intentional Przewoxnika or negligence, which, according to the law in force at the place where the court is seised, is considered equivalent to a bad Intention.
2. The same provision shall apply if the staff of the carrier or any other person to whom the service refers for the performance of the carriage, if such employees or other osbys are acting in the execution Its functions. In this case, these employees and those other persons are not entitled to exercise their personal responsibility under the provisions of this chapter mentioned in paragraph 1
Complaints and claims
1. If the consignee has accepted the goods, he shall not sprawdziwszy with the carrier of his condition or zgłosiwszy the carrier of the objections indicating in general the type of absence or Uszkodzena at the latest at the time of delivery, if it goes for visible deficiencies or damage, or Seven days from the date of delivery, not including Sundays and public holidays, if there are missing or damaged invisible – Domnimywa If there is no evidence to the contrary that the goods have been received in the state described on the consignment Note. The reservation, as provided above, should be made in writing if it goes about the deficiencies or damage invisible.
2. If the condition of the goods has been checked jointly by the consignee and the carrier, proof against the outcome of that check may not be carried out unless it concerns deficiencies or damage not visible and where the consignee has notified the carrier in writing Reservations within seven days from the date of this check, not counting Sundays and public holidays.
3. The delay of delivery may be the basis for compensation only if the reservation is made in writing within 21 days from the date of placing the goods at the disposal of the Consignee.
4. The day of delivery or, where appropriate, the date of verification of the goods or the date of placing at their disposal shall not be counted against the time limits provided for in this Article.
5. The carrier and the consignee should provide each other with all possible facilities for making the necessary checks and Arrangements.
1. In all disputes arising out of carriage covered by this convention, the plaintiff may refer the matter to the courts of the contracting states, as defined by the parties by common agreement and, in addition, to the courts of the country in whose territory:
(a) the defendant has his habitual residence, principal place of business or branch or agency, through which the contract of carriage is concluded, or
B/there is a place of arrival of the goods for carriage or place of delivery, and can not bring the matter to other Courts.
2. when, in the dispute referred to in paragraph 1 of this article, the matter is brought before the competent court under that paragraph, or where a judgment by such a court has been declared in such a dispute, no new case can be initiated on the same grounds between those parties, unless the decision of the court before which the first action was initiated would be unenforceable in the country where the new case was Opened.
3. When in a dispute, as provided for in paragraph 1 of this article, a judgment given by a court of one Contracting State has become final in that country, it shall also become final in any of the other Umawiajacych countries immediately after the completion Of the formalities required in the country Concerned. These formalities may not include a review of the Case.
4. The provisions of paragraph 3 of this article shall apply to judgments given in the presence of the parties, to judgments by default and to court settlements, but do not apply to judgments on the enforceability of only temporary or to judgments which, in addition to the costs of the plant process From the Claimant’s damages due to the total or partial rejection of his action.
5. It is not possible to require citizens of the Contracting States who are domiciled or have an establishment in one of these countries to secure the costs of the judicial conduit which result from the transport operations subject to this Convention.
1. Claims which may arise from carriage under this Convention shall barred after one year. however, in the event of a bad intention or negligence which, under the law of the court hearing the case, is considered to be equivalent to the wrong intention, the limitation period shall be three Years.
The period of limitation runs:
A/in cases of partial loss, damage or delay of delivery from the date of issue;
(b) in cases of total disappearance, from the thirtieth day after the expiry of the arranged delivery date, or, if the time limit was not prearranged, from the 60th day following receipt of the goods by the carrier;
C/in all other cases, starting from the expiry of the month period from the date of conclusion of the contract of Carriage. The day indicated above, as an output for the limitation period, shall not be counted against the limitation period.
2. The written complaint shall suspend the limitation until the date on which the carrier in writing rejects the complaint and return the attached Documents. In the event of partial complaint, the limitation period shall be resumed only for the part of the complaint which remains contentious. Proof of receipt of a complaint or reply to it and the reimbursement of its annexes to the pregnancy on the party which refers to that Fact. Later complaints on the same object do not suspend the limitation Period.
3. Subject to the provisions of paragraph 2 above, the suspension of the limitation period normują the law applicable to the court hearing the Case. The same applies To the interruption of the limitation period
4. The barred claim may not be more alleged, even in the form of mutual action or Allegation.
The contract of carriage may include a clause granting jurisdiction to the Court of arbitration, provided that this clause stipulates that the arbitral tribunal will apply this Convention.
Provisions concerning carriage by successive carriers
If the carriage is carried out under one contract by several consecutive road hauliers, each of them shall assume responsibility for the performance of the entire transport, the second carrier and each of the subsequent carriers becoming Acceptance of the goods and the consignment note to the contract under the conditions specified in the consignment Note.
1. A carrier which accepts goods from a previous carrier shall hand over the dated and signed receipts to it. He should write his name and address on a second copy of the consignment Note. In the case of Potzreby it shall affix to that copy as well as to the receipt of the reservation, similar to those provided for in article 8 (2).
2. The provisions of article 9 shall apply to relations between successive carriers.
Insofar as there is a counterclaim or a plea raised in the examination of an action based on the same contract of carriage, the claim for disappearance, damage or delay in delivery may only be directed against The first carrier, the last carrier or carrier which has carried out that part of the journey during which the event occurred, causing loss, damage or delay in delivery; The action may be directed against several of these Carriers.
A carrier which, under the provisions of this convention, has paid compensation, shall be entitled to reimbursement by the amount of compensation, interest and costs to carriers who have participated in the execution of the contract of carriage, in accordance with the following Provisions:
(a) the carrier which caused the damage shall bear the burden of the compensation which he has paid himself or who has paid the other carrier;
(b)/where the damage has resulted in two or more carriers, each shall pay an amount commensurate with its part of the liability; If the allocation of responsibility is not possible, each of them shall be liable in proportion to the part of the remuneration due and for carriage;
C/if It is not possible to determine which of the carriers should be held responsible, the weight of the compensation payable shall be divided among all the carriers in the ratio set out under (a). B).
If one of the carriers is insolvent, the part of the compensation attributable to him and not paid shall be divided among the other carriers in proportion to their remuneration.
1. A carrier against whom one of the repayable claims provided for in articles 37 and 38 may not question the basis of the payment made by Przewoxnika Wystepującego with a return claim if the compensation has been fixed A court decision, insofar as it was duly notified of the process and had the mozność of in it as an intervener.
2. A carrier wishing to claim a return may take the case before the competent court of the country in which one of the carriers concerned is domiciled, principal place of business, branch or agency, through which the contract is concluded Carriage. A repayable claim may be made in one and the same case against all the carriers Concerned.
3. The provisions of article 31, paragraphs 3 and 4 shall apply to the judgments on return claims provided for in articles 37 and 38
4. The provisions of article 32 shall apply to claims for reimbursement between carriers. however, The limitation period shall run from the date of the court decision Ustalajacego the amount of the compensation due under the provisions of this convention, or from the date of actual payment in the absence of such a decision.
Carriers are free to agree between provisions which deviate from the provisions of articles 37 and 38.
Invalidity of clauses contrary to the Convention
1. Subject to the provisions of article 40, it shall be null and void any clause which directly or indirectly prejudices the provisions of this Convention. The invalidity of such clauses does not entail the invalidity of the other provisions of the Agreement.
2. in particular, any clause which ustęująca to the carrier benefits from the insurance of the goods and any other analogous clause, as well as any clause carrying the burden of proof, would be invalid.
1. This Convention shall remain open for signature or accession by countries which are members of the Economic Commission for Europe and for countries adopted in the Commission in an advisory capacity in accordance with point 8 of the Commission’s rules of Procedure.
2. Countries which may participate in certain works of the European Economic Commission pursuant to point 11 of the Commission’s rules of procedure may become Contracting Parties to this Convention by joining it after its entry into Force.
3. The Convention shall remain open for signature until 31 August 1956 of the year Inclusive. After that date, it will remain open for Accession.
4. This Convention shall be ratified.
5. Ratification or accession shall be effected by the filing of the document with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the 90th day following the lodging by the five countries referred to in paragraph 1 of article 42 of the instrument of ratification or accession.
2. For each country which ratifies or accedes to the Convention after the deposit of an instrument of ratification or accession by five countries, This Convention shall enter into force on the 90th day after the deposit of the instrument of ratification or accession By the said Country.
1. Each Contracting Party shall be able to 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 the notification by the Secretary-general.
if, after the entry into force of this convention, the number of Contracting Parties becomes the result of a smaller OS five denunciation, this Convention shall cease to have effect from the date on which the last of those notices will start to result
1. Each country shall be able, at the time of deposit of its instruments of ratification or accession, or at any time thereafter to declare by notification to the Secretary-General of the United Nations that this Convention will be Applicable to all or part of the territories which it represents in international relations. This Convention shall apply to the territory or to the territories listed in the notification by the Secretary-General or, if the Convention has not yet entered into force, from the date of its entry into Force.
2. Any country which lodges, in accordance with the preceding paragraph, a declaration to cause the application of this Convention to the territory which it represents in international relations shall be able, in accordance with article 44, to denounce the Convention In respect of that territory.
Any dispute between two or more Umawiajacymi parties concerning the interpretation or application of this Convention to which the parties could not be settled by negotiation or other means may be made at the request of any of Contracting Parties concerned to the International Court of Justice for Settlement.
1. Any Contracting Party may, at the time of signing or ratifying this Convention or acceding to it, declare that it is not deemed to be bound by article 47 of the Convention. Other Contracting Parties shall not be bound by article 47 of the Contracting Party which formulate such reservation.
2. Any Contracting Party which formulate such a reservation in accordance with USTEPEM 1 May at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
3. No other reservation shall be allowed in this Convention.
1. On the expiry of the three-year period of this convention, any Contracting party may, by notification, addressed to the Secretary-General of the United nations, request that a conference be convened to Revise this Convention. The Secretary-General shall notify the request of all Umawiajace parties and convene the conference for this review if, within four months of the date of notification, by him, at least one-fourth of the Contracting Parties notifies him of The Request.
2. Where the convened conference is in accordance with the preceding paragraph, the Secretary-General shall inform all the Umawiajace parties concerned and invite them to submit proposals within three months of which the Conference is to be examined życzyłyby Reserves. The Secretary-General communicates to all UMAWIAJACYM parties the temporary agenda of the conference, as well as the text of those proposals, at least three months before the date of opening of the Conference
3. The Secretary-General shall invite, for each conference convened in accordance with this article, all the countries referred to in paragraph 1 of article 42, as well as the countries which have become Contracting Parties pursuant to paragraph 2 of article 42.
In addition to the notification provided for in article 49, the Secretary-General of the United Nations shall has notified the countries referred to in paragraph 1 of article 42 as well as the countries which have become Contracting Parties pursuant to paragraph 2 Article 42, O:
(a)/ratification and accession under article 42;
(b) the dates on which this Convention enters into force in accordance with article 43;
C/denunciations under article 44;
D/wygasnięciu of this Convention in accordance with article 45;
(e)/notifications received in accordance with article 46;
F/statements and Noryfikacjach received in accordance with paragraphs 1 and 2 of article 48.
After 31 August 1956, the original of this Convention shall be deposited with the Secretary-General of the United nations, who send its duly certified copies to each of the countries listed in Ustepach 1 and 2 of article 42.
In WITNESS whereof the undersigned, being duly authorized thereto, have signed this Convention.
Done at geneva, the day nineteenth may one thousand nine hundred and fifty six years in a single copy in the English and French languages, both texts being equally authentic.
The Przystepując to sign the Convention on the Contract for the International Carriage of goods by road, the undersigned, being duly authorized, have agreed on the following statements and Explanations:
1. This Convention shall not apply to carriage between the United Kingdom of Great Britain and Northern Ireland and the Republic of Irish.
2. to article 1, paragraph 4
The undersigned undertake to znegocjowania the Convention on the removal agreement and the combined transport Agreement.
In WITNESS whereof the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Geneva on the nineteenth of May one thousand fifty six years in a single copy in the English and French languages, both texts being equally authentic.
List of CMR countries
Convention on the Agreement on the International Carriage of goods by road (CMR) of 19 May 1956
Entry into force on 2 July 1961
States parties to the Convention:
Austria, belgium, belarus, bosnia-herzegovina, bulgaria, croatia, denmark, Estonia, russia, Finalandia, france, greece, spain, netherlands, ireland, yugoslavia, lithuania. Luxembourg. latvia, norway, poland, portugal, Czech republic, Federal Republic of germany, Republic of moldova, Macedonija, romania, slovakia, Słoewnia, switzerland, sweden, tunisia, hungary, United kingdom, Italy
Source: UNO ECE, TRANS/r. 392, October 25, 1994 R.