CONVENTION RELATING TO THE INTERNATIONAL GOODS TRANSPORT CONTRACT BY ROAD (CMR)
(signed on May 19, 1956 in Geneve - approved in Portugal by Decree Law No. 46 235, of March 18, 1965, entered into force on December 21, 1969 - Notice from the Directorate General for Economic Affairs, DG No. 129, 2nd Series of 6/3/1970 - and was subject to change through the Amendment Protocol, approved by Decree nº 28/88, of 6 September)
The Contracting Parties, having recognized the usefulness of uniformly regulating the conditions of the contract for the international transport of goods by road, in particular with regard to the documents used for this transport and the carrier's liability, have agreed as follows:
(Scope of application)
1. This Convention applies to all contracts for the carriage of goods by road against payment by vehicles, when the place of loading of the goods and the place of delivery envisaged, as indicated in the contract, are located in two different countries, one of which is at least a contracting country and regardless of the parties' domicile and nationality.
2. For the application of this Convention, “vehicles” shall mean cars, articulated vehicles, trailers and semi-trailers, as defined in Article 4 of the 19 September 1949 Road Traffic Convention.
3. This Convention also applies when the transport falling within its scope is carried out by States or by governmental institutions or organizations.
4. This Convention does not apply to:
a) Transports carried out under international postal conventions;
b) funeral transport;
c) Transport of furniture due to change of address.
5. The Contracting Parties undertake not to make any modifications to this Convention, by means of private agreements established between two or more of them, except to render it inapplicable to their border traffic or to authorize its use, in transport carried out entirely within the territory, of the consignment declaration representative of the goods.
1. If the vehicle containing the goods is transported, in part of the route, by sea, rail, inland waterway or by air and the goods, unless the provisions of article 14 apply, are not unloaded, the this Convention shall, however, apply to all transport. However, insofar as it is proven that any loss, damage or delay in delivery of the goods, which occurred during transport by any means other than the road, was not caused by any act or omission by the road carrier, and comes from a fact that can only occur during and due to non-road transport, the road carrier's liability will be determined, not by this Convention, but by the way in which the non-road carrier's liability would have been determined had a transport between the consignor and the non-road carrier only for the transport of the goods in accordance with the mandatory provisions of the law on the transport of goods by means of transport other than the road. However, in the absence of such provisions, the responsibility of the road carrier will be determined by this Convention.
2. If the road haulier is at the same time the non-road haulier, his liability will also be determined by paragraph 1, as if his role as road haulier and that of non-road haulier were exercised by two different persons.
(Persons for whom the carrier is responsible)
For the application of this Convention, the carrier is liable, as if committed by himself, for the acts and omissions of his agents and all other persons whose services he uses to perform the transport, when these agents or those persons act in the exercise of their functions.
(Conclusion and execution of the transport contract)
The transport contract is established by means of a shipping declaration. The lack, irregularity or loss of the shipment declaration shall not affect either the existence or the validity of the transport contract, which remains subject to the provisions of this Convention.
1. The dispatch declaration is established in three original copies signed by the consignor and the carrier, and these signatures may be printed or replaced by the consignor and carrier's seal, if the legislation of the country in which the dispatch declaration is filled out permits. The first copy is delivered to the shipper, the second accompanies the goods and the third is in the possession of the carrier.
2. When the goods to be transported are loaded in different vehicles, or when different types of goods or different lots are involved, the consignor or transporter has the right to require that as many dispatch declarations be filled as there are vehicles to be used or how many species or lots of goods.
1. The dispatch declaration must contain the following information:
a) Place and date on which it is filled;
b) Name and address of the consignor;
c) Name and address of the carrier;
d) Place and date of loading of the goods and expected place of delivery;
e) Name and address of the recipient;
f) Current designation of the nature of the goods and method of packaging and, in the case of dangerous goods, their generally accepted designation;
g) Number of packages, special marks and numbers;
h) Gross weight of the goods or quantity expressed otherwise;
i) Expenses related to transport (transport price, incidental expenses, customs duties and other expenses that may arise from the conclusion of the contract until delivery);
j) Instructions required for customs and other formalities;
k) Indication that transport is subject to the regime established by this Convention, despite any clause to the contrary.
2. Where applicable, the dispatch declaration must also contain the following information:
a) Prohibition of transhipment;
b) Expenses that the consignor is responsible for;
c) Amount of the amount receivable upon delivery of the goods;
d) Declared value of the goods and amount representing the special interest in delivery;
e) Instructions from the sender to the carrier regarding the insurance of the goods;
f) Combined deadline, within which transport must be carried out;
g) List of documents delivered to the carrier.
3. The parties may mention in the shipment declaration any other indication that they consider useful.
1. The consignor is responsible for all expenses, losses and damages that the carrier suffers due to inaccuracy or insufficiency:
a) The indications mentioned in article 6, paragraph 1, b), d), e), f), g), h) and j);
b) The indications mentioned in article 6, paragraph 2;
c) Any other information or instructions that you give in order to complete the shipping declaration or to include it in it.
2. If the carrier, at the request of the consignor, inscribes the indications mentioned in paragraph 1 of this article in the consignment declaration, it shall be considered, until proven otherwise, that it acts on behalf of the consignor.
3. If the shipping declaration does not contain the information provided for in article 6, paragraph 1, k, the carrier shall be responsible for all expenses, losses and damages suffered by the person entitled to the goods as a result of this omission.
1. When taking care of the goods, the carrier has the duty to check:
a) The accuracy of the information in the shipping declaration concerning the number of packages, marks and numbers;
b) The apparent condition of the goods and their packaging.
2. If the carrier does not have reasonable means of verifying the accuracy of the indications mentioned in paragraph 1, a), of this article, it will insert reservations in the shipping declaration that must be substantiated. Likewise, you must substantiate any reservations you make about the apparent condition of the goods and their packaging. These reservations do not oblige the shipper if he has not expressly accepted them in the shipping declaration.
3. The consignor has the right to require the carrier to check the gross weight of the goods or their quantity otherwise expressed. It may also require checking the contents of the volumes. The carrier can claim payment for verification costs. The results of the checks will be mentioned in the shipping declaration.
1. The shipping declaration, pending proof to the contrary, shall bear witness to the conditions of the contract and the receipt of the goods by the carrier.
2. In the absence of indications of motivated reservations by the carrier in the shipping declaration, it is assumed that the goods and packaging were in good apparent condition at the time the carrier took them over, and that the number of packages, the marks and the numbers were in accordance with the indications in the shipping declaration.
The shipper is liable to the carrier for damages to persons, material or other goods, as well as for expenses arising from defects in the packaging of the goods, unless the carrier, being the apparent defect or having knowledge of it at the time it is account of the merchandise, has not made reservations about it.
1. For the fulfillment of customs and other formalities to be observed until the goods are delivered, the consignor must attach to the shipping declaration, or make available to the carrier, the necessary documents and provide him with all the information requested.
2. The carrier is under no obligation to verify that these documents and information are accurate or sufficient. The consignor is liable to the carrier for all damages resulting from the lack, insufficiency or irregularity of these documents and information, except in the event of the carrier's absence.
3. O transportador é responsável como se fosse agente pelas consequências da perda ou da utilização inexacta dos documentos mencionados na declaração de expedição e que a acompanhem ou lhe sejam entregues; no entanto, a indemnização a que fica obrigado não será superior à que seria devida no caso de perda da mercadoria.
1. The consignor has the right to dispose of the goods, in particular by asking the carrier to suspend their transport, to modify the place provided for delivery and to deliver the goods to a consignee other than that indicated in the shipping declaration.
2. This right ceases when the second copy of the dispatch declaration is delivered to the consignee or the latter asserts the right provided for in article 13, paragraph 1; from that moment the carrier has to comply with the orders of the recipient.
3. The right of disposal belongs, however, to the consignee from the completion of the dispatch declaration if the consignor inscribes such indication in the referred note.
4. If the recipient, in the exercise of his right of disposal, orders the delivery of the goods to another person, the latter cannot designate other recipients.
5. The exercise of the right of disposal is subject to the following conditions:
a) The consignor, or, in the case mentioned in paragraph 3 of this article, the consignee who wishes to exercise this right, must present the first copy of the dispatch declaration, in which the new instructions given to the carrier must be registered and to indemnify the carrier for expenses and damage caused by the execution of these instructions;
b) This execution must be possible when the instructions reach the person who must carry them out, and must not hinder the normal operation of the carrier's company, nor harm the shippers or recipients of other consignments;
c) The instructions must never cause the shipment to be split.
6. When the carrier, under the provisions indicated in paragraph 5,
b), do presente artigo, não puder executar as instruções que receber, deve avisar imediatamente disso a pessoa que deu essas instruções.
7. A carrier who fails to carry out the instructions given under the conditions provided for in this article, or who has complied with these instructions without having required the presentation of the first copy of the shipping declaration, will be liable to the interested party for the damage caused by that fact.
1. After the goods arrive at the place provided for delivery, the recipient has the right to request that the second copy of the shipping declaration and the goods be delivered to him, all against the receipt document. If the goods are lost, or if they have not reached the end of the period provided for in Article 19, the recipient is authorized to assert in his own name, to the carrier, the rights resulting from the transport contract.
2. The recipient who uses the rights conferred on him under the terms of paragraph 1 of this article is obliged to pay the value of the credits resulting from the shipping declaration. In the event of a dispute in this regard, the carrier is only required to deliver the goods if the recipient provides a security deposit.
1. If for any reason the execution of the contract under the conditions provided for in the shipping declaration is or becomes impossible before the goods arrive at the place provided for delivery, the carrier must ask the person who has the right to dispose of the goods for instructions. in accordance with Article 12.
2. However, if circumstances permit the carriage to be carried out under conditions other than those provided for in the consignment note and if the carrier cannot obtain the instructions from the person entitled to dispose of the goods in accordance with Article 12 in time, it will take the measures that are best in the interest of the person who has the right to dispose of the goods.
1. When there are impediments to delivery, after the goods arrive at the destination, the carrier will ask the shipper for instructions. If the consignee refuses the goods, the consignor shall have the right to dispose of the goods without having to present the first copy of the dispatch declaration.
2. Even if the recipient has refused the goods, he can always request delivery of the goods, until the carrier has received instructions to the contrary from the consignor.
3. If the impediment to delivery arises after the consignee has given an order to deliver the goods to another person, in accordance with his right under article 12, paragraph 3, the consignee replaces the consignor and that other person replaces the recipient for the application of paragraphs 1 and 2 above.
1. O transportador tem direito ao reembolso das despesas que lhe causar o pedido de instruções ou a execução destas, a não ser que estas despesas sejam consequência da falta sua.
2. In the cases provided for in article 14, paragraph 1, and article 15, the carrier may immediately unload the goods on behalf of the interested party; after unloading, transport is considered finished. The carrier then has the goods in his custody. You can, however, entrust the goods to a third party and then you are only responsible for the judicious choice of that third party. The merchandise remains encumbered with the credits resulting from the shipping declaration and all other expenses.
3. The carrier may promote the sale of the goods without waiting for instructions from the interested party, when the perishable nature or state of the goods justifies it or when the custody expenses are disproportionate to the value of the goods. In other cases, it may also promote the sale when it has not received instructions from the interested party, within a reasonable time, to the contrary whose execution may be equitably required.
4. If the goods have been sold in accordance with this article, the proceeds of the sale must be made available to the interested party, after deducting the expenses that burden the goods. If these expenses are higher than the proceeds of the sale, the carrier is entitled to the difference.
5. The way of proceeding in case of sale is determined by law or by the uses of the place where the goods are found.
1. The carrier is responsible for the total or partial loss, or for the damage that occurs between the loading of the goods and the delivery, as well as for the delay in delivery.
2. The carrier is released from this responsibility if the loss, damage or delay was due to a fault of the interested party, an order that does not result from the fault of the carrier, a defect in the goods, or circumstances that the carrier could not avoid and whose consequences he could not avoid.
3. The carrier may not claim, in order to release its responsibility, neither defects in the vehicle used for transport, nor the fault of the person to whom the vehicle is rented or its agents.
4. In view of article 18, paragraphs 2 to 5, the carrier is exempt from liability when the loss or damage results from the particular risks inherent in one or more of the following facts:
a) Use of open vehicles and not covered with tarpaulin, when this use was expressly adjusted and mentioned in the shipping declaration;
b) Lack or defect of the packaging with regard to the goods which, by their nature, are subject to loss or damage when they are not packed or are poorly packed;
c) Maintenance, loading, storage or unloading of the goods by the consignor or the recipient or by persons acting on behalf of the consignor or the recipient;
d) Nature of certain goods, subject to causes inherent to that nature, whether total or partial loss or damage, especially due to fracture, rust, internal and spontaneous deterioration, drying, spillage, normal breakage or the action of bicurious and rodents;
e) Insufficiency or imperfection of the marks or numbers of the volumes;
f) Transport of live animals.
5. If the carrier, by virtue of this article, does not answer for some of the factors that caused the damage, its responsibility is only involved to the extent that the factors for which it responds by virtue of this article have contributed to the damage.
1. The carrier is responsible for proving that the loss, damage or delay was due to one of the facts provided for in article 17, paragraph 2.
2. When the carrier proves that the loss or damage, taking into account the factual circumstances, resulted from one or more of the particular risks provided for in article 17, paragraph 4, there will be a presumption that it resulted from these. The interested party may, however, prove that the damage was not due to one or all of these risks.
3. The aforementioned presumption is not applicable in the case provided for in article 17, paragraph 4, a), if there is a lack of abnormal importance or loss of volume.
4. If the transport is carried out by means of a vehicle equipped in such a way as to remove the goods from the influence of heat, cold, variations in temperature or air humidity, the carrier cannot claim the benefit of article 17, paragraph 4, d) , unless it provides proof that, taking into account the circumstances, all measures were taken that were within its competence in the choice, maintenance and use of that equipment and that it followed the special instructions given to it.
5. The carrier may only claim the benefit of article 17, paragraph 4, f), if he presents proof that, taking into account the circumstances, all the measures normally taken were taken and he has followed the special instructions that may have been given to him. given.
There is a delay in delivery when the goods have not been delivered within the agreed deadline, or, if no deadline has been agreed, when the actual duration of transport, taking into account the circumstances, and in particular, in the case of partial loading, the time required for add a full load under normal conditions, exceed the time that is reasonable to allocate to diligent transport.
1. The interested party, without having to present other evidence, may consider the merchandise as lost when it has not been delivered within 30 days after the end of the agreed term, or, if no term has been agreed, within 60 days after delivery goods in the care of the carrier.
2. The interested party, upon receiving the payment of the compensation for the lost merchandise, may ask in writing to be notified immediately if the merchandise appears during the year following the payment of the compensation. You will be notified in writing of receipt of that request.
3. Within the 30 days following the receipt of this notice, the interested party may demand that the goods be delivered to him against payment of the credits resulting from the shipping declaration and against the refund of the compensation he received, with the eventual expenses included in that compensation being deducted, and subject to all rights to compensation for delay in delivery provided for in Article 23, and, where applicable, Article 26.
4. In the absence of either the application provided for in paragraph 2 or instructions given within the 30 days provided for in paragraph 3, or even if the goods do not appear after more than one year after the payment of the compensation, the carrier will have in accordance with the law of the place where the goods are located.
If the goods are delivered to the consignee without charge for the refund that should have been perceived by the carrier under the provisions of the transport contract, the carrier must compensate the consignor up to the refund amount, unless he proceeds against the recipient.
1. If the consignor delivers dangerous goods to the carrier, he shall sign the exact nature of the danger they present and, where appropriate, indicate the precautions to be taken. In the event that this warning is not mentioned in the shipping declaration, it will be up to the consignor or the consignee to provide proof, by any other means, that the carrier was aware of the exact nature of the danger posed by the transport of the said goods.
2. Dangerous goods, the danger of which the carrier has not been aware of under the conditions provided for in paragraph 1 of this article, may be unloaded, destroyed or rendered harmless by the carrier, at any time and place, without any compensation; the shipper, in addition, will be responsible for all expenses and losses resulting from having been delivered for transport or transportation.
1. When compensation is charged to the carrier for loss of all or part of the goods, pursuant to the provisions of this Convention, such compensation shall be calculated according to the value of the goods at the time and place of acceptance for transportation.
2. The value of the merchandise will be determined by the quotation on the stock exchange, or, in the absence of it, by the current price on the market, or, in the absence of both, by the usual value of the goods of the same nature and quality.
3. (as amended by the Amendment Protocol) The compensation may not, however, exceed 8.33 units of account per kilogram of gross weight missing.
4. In addition, the price of transportation, customs duties and other expenses arising from the transportation of the goods will be reimbursed, in full in the case of total loss and in proportion in the case of partial loss; no further damages are due.
5. In the event of a delay, if the person concerned proves that a loss has resulted, the carrier will have to pay compensation for that loss which cannot exceed the price of the transport.
6. Higher indemnities may only be demanded in the case of declaration of the value of the goods or declaration of special interest on delivery, in accordance with articles 24 and 26.
7. (No. added by the Amendment Protocol) The unit of account referred to in this Convention is the special drawing right, as defined by the International Monetary Fund. The amount referred to in paragraph 3 of this article is converted into the national currency of the State where the court responsible for resolving the dispute is based on the value of that currency at the date of the judgment or on a date agreed by the parties. The value, in special drawing right, of the national currency of a State that is a member of the International Monetary Fund is calculated according to the valuation method that the International Monetary Fund is currently applying to its own operations and transactions. The value, in special drawing right, of the national currency of a State that is not a member of the International Monetary Fund is calculated in the manner determined by that State.
8. (No. added by the Amendment Protocol) However, a State that is not a member of the International Monetary Fund and whose legislation does not allow the provisions of paragraph 7 of this article to be applied may, at the time of ratification of the Protocol to CMR or the adherence to it, or at any later time, declare that it fixes at 25 monetary units the limit of liability provided for in paragraph 3 of this article and applicable in its territory. The currency unit referred to in this paragraph corresponds to 10/31 grams of gold against the title of 0.900 fineness. Conversion into national currency of the amount indicated in this paragraph shall take place in accordance with the legislation of the State in question.
9. (paragraph added by the Amendment Protocol) The calculation referred to in the last sentence of paragraph 7, as well as the conversion referred to in paragraph 8 of this article, shall be carried out in such a way as to express, as much as possible, in the national currency of the State. same real value as expressed in units of account in paragraph 3 of this article. When depositing any instrument under article 3 of the Protocol to the CMR and whenever there is a change in their calculation methods or in the value of their national currency in relation to the unit of account or currency unit, States shall communicate to the Secretary-General General of the United Nations in its method of calculation, in accordance with paragraph 7 of this article, or the results of the conversion, in accordance with paragraph 8 of this article, as the case may be.
The shipper may mention in the shipping declaration, against payment of a price supplement to be agreed, a value of the goods that exceeds the limit mentioned in paragraph 3 of article 23, in which case the declared value replaces that limit.
1. In the event of damage, the carrier pays the depreciation amount calculated according to the value of the goods determined in accordance with article 23, paragraphs 1, 2 and 4.
2. However, compensation may not exceed:
a) The amount you would have reached in the case of total loss, if the entire shipment has depreciated due to the damage;
b) The amount that would be reached in case of loss of the depreciated part, if only part of the shipment was depreciated with the damage.
1. The shipper may set, mentioning it in the shipping declaration and against payment of a price supplement to be agreed, the value of a special interest on delivery in the event of loss or damage and for exceeding the agreed term.
2. If there is an interest declaration for the special in the special delivery, it may be required, regardless of the indemnities provided for in articles 23, 24 and 25 and up to the value of the declared interest, an indemnity equal to the additional damage of which proof is presented.
1. The interested party may claim interest for compensation. This interest, calculated at the rate of 5 percent per year, counts from the day the claim is addressed in writing to the carrier, or, if there was no claim, from the
day he filed a lawsuit.
2. When the elements on which the compensation is based are not expressed in the currency of the country where payment is required, the conversion is made using the quotation of the day and place of payment of the compensation.
1. When, according to the applicable law, the loss, damage or delay occurring during transportation subject to this Convention may give rise to a non-contractual claim, the carrier may take advantage of the provisions of this Convention which exclude his liability or which or limit the compensation due.
2. When the non-contractual liability, for loss, damage or delay, of one of the persons for whom the carrier is responsible under article 3 is called into question, that person may also take advantage of the provisions of this Convention which exclude the liability of the carrier or that determine or limit the compensation due.
1. The carrier does not have the right to take advantage of the provisions of this chapter that exclude or limit his liability or that transfer the burden of proof if the damage is due to intent or fault that is attributable to him and which, according to law of the jurisdiction that adjudicates the case, is considered equivalent to intent.
2. The same applies if the deceit or default is an act of the carrier's agents or any other person whose services the latter resort to for carrying out the transport, when these agents or these other persons act in the exercise of their functions. In this case, these agents or these other persons are also not entitled to take advantage, as regards their personal responsibility, of the provisions of this chapter indicated in paragraph 1.
(Complaints and Actions)
1. If the consignee receives the goods without contradicting his condition with the carrier, or without having made reservations to the carrier that indicate the general nature of the loss or damage, at the latest at the time of delivery if there are apparent losses or damages , or within seven days of delivery, not including Sundays and public holidays, when there are no apparent losses or damages, it will be assumed, until proven otherwise, that the goods were received in the condition described in the declaration of expedition. The reservations indicated above must be made in writing when dealing with losses or non-apparent damages.
2. When the condition of the goods has been contradictory checked by the consignee and the carrier, proof to the contrary of the result of this verification can only be made if it is a loss or damage not apparent and if the consignee has made reservations in writing to the carrier seven days, Sundays and public holidays not included, counting from this verification.
3. A delay in delivery can only give rise to compensation if you have made a written reservation within 21 days of making the goods available to the recipient.
4. The date of delivery, or, as the case may be, that of checking or making the goods available, is not counted within the deadlines provided for in this article.
5. The carrier and the consignee shall give each other, in all reasonable respects, the necessary observations and verifications.
1. For all disputes caused by transport subject to this Convention, the plaintiff may appeal, in addition to the jurisdictions of the contracting countries designated by mutual agreement by the parties, to the jurisdiction of the country in whose territory:
a) the defendant has his habitual residence, his main headquarters or branch or agency through which the transport contract was established, or
b) The place where the goods are loaded or the place where the goods are loaded or the place foreseen for delivery is located, and can only appeal to those jurisdictions.
2. When, in a dispute provided for in paragraph 1 of this article, an action is pending in a competent jurisdiction under that paragraph, or when that jurisdiction pronounces judgment in such dispute, no further action may be brought for the same cause between the same parties, unless the decision of the jurisdiction before which the first action was brought cannot be enforced in the country where the new action is brought.
3. When in a dispute provided for in paragraph 1 of this article, a judgment handed down by a jurisdiction of a contracting country has become enforceable in that country, it also becomes enforceable in each of the other contracting countries immediately after the completion of the formalities prescribed for that purpose in the country concerned. These formalities cannot include any review of the case.
4. The provisions of paragraph 3 of this article apply to contradictory sentences, omitted sentences and court settlements, but they do not apply to only enforceable sentences by provision or to losses and damages convictions that may be imposed in addition to expenses against a complainant due to the total or partial rejection of his complaint.
5. Security of nationals of contracting countries, domiciled or established in one of these countries, may not be required to guarantee the payment of expenses caused by legal proceedings arising from the transportation subject to this Convention.
1. The actions that can be originated by the transports subject to the present Convention shall expire within one year. However, the statute of limitations is three years in the case of intent, or if the law of the jurisdiction to which the appeal was filed is considered equivalent to the intent. The limitation period is counted:
a) From the day the goods were delivered, in the case of partial loss, damage or delay;
b) In the case of total loss, from the 30th day after the expiration of the agreed term, or, if no term has been agreed, from the 60th day after the delivery of the goods to the care of the carrier;
c) In all other cases, after the expiry of a period of three months from the conclusion of the transport contract. The day indicated above as the starting point of the prescription is not understood within the period.
2. A written complaint suspends the prescription until the day the carrier rejects the complaint in writing and returns the documents that have been added to it. In case of partial acceptance of the claim, the prescription will only resume its course for the part of the claim that remains litigious. Proof of receipt of the complaint or of the reply and return of the documents rests with the party invoking this fact. Subsequent claims for the same purpose do not suspend the limitation period.
3. Subject to the provisions of paragraph 2 above, the suspension of the statute of limitations would be governed by the law of the jurisdiction to which the appeal was made. The same happens with the interruption of the prescription.
4. The action you have prescribed can no longer be exercised, even in the form of counterclaim or exception.
The contract of carriage may contain a clause conferring jurisdiction on an arbitral tribunal, provided that that clause stipulates that the arbitral tribunal shall apply this Convention.
(Provisions relating to transport by carriers
Se um transporte regulado por um contrato único para fornecer pelos transportadores rodoviários sucessivos, cada um destes assume a responsabilidade da execução do transporte total, e o segundo e cada um dos seguintes transportadores, ao aceitar a mercadoria e a declaração de expedição, tornam-se partes no contrato nas condições da declaração da expedição.
1. The carrier who accepts the goods from the previous carrier will give you a signed and dated receipt. You must indicate your name and address on the second copy of the shipping declaration. If applicable, indicate on this copy, as well as on the receipt, reservations similar to those provided for in article 8, paragraph 2.
2. The provisions of Article 9 apply to relations between successive carriers.
Unless it is a counterclaim or exception made in connection with an order based on the same transport contract, the liability for loss, damage or delay can only be brought against the first carrier, the last carrier or carrier that performed the part of transport in which the event which caused the loss, damage or delay occurred; the action can be brought simultaneously against several of these carriers.
A carrier who has paid compensation in accordance with the provisions of this Convention shall have the right to appeal the principal, interest and expenses against carriers who participated in the performance of the transport contract, in accordance with the following provisions:
a) The carrier who caused the damage is the only one who must bear the compensation, whether he has paid it himself or has been paid by another carrier;
b) When the damage was caused by two or more carriers, each must pay an amount proportional to his share of responsibility if it is impossible to assess the parts of responsibility, each is responsible in proportion to the remuneration part of the transport that is incumbent on him;
c) If it is not possible to determine the carriers to which responsibility should be assigned, the indemnity charge will be distributed among all carriers, in the proportion set out in b).
If one of the carriers is insolvent, the part that is due and has not been paid will be distributed to all other carriers, in proportion to their remuneration.
1. The carrier against whom one of the remedies provided for in Articles 37 and 38 has been placed may not contest the grounds for payment made by the carrier who initiates the appeal, when the indemnity has been fixed by court decision, provided that it has been duly informed process and had the possibility to intervene in it.
2. The carrier who wishes to bring his appeal may present it to the competent court of the country in which one of the interested carriers has his habitual residence, head office or branch or agency through which the transport contract was made. The appeal may be brought in one and the same instance against all interested carriers.
3. The provisions of article 31, paragraphs 3 and 4, shall apply to judgments handed down in appeals provided for in articles 37 and 38.
4. The provisions of Article 32 apply to appeals between carriers. However, the limitation period is counted either from the day of a definitive judicial decision establishing the indemnity to be paid under the provisions of this Convention, or, in the event that there was no such decision, from the actual payment .
Carriers may agree on provisions different from those in Articles 37 and 38.
(Nullity of stipulations contrary to the Convention)
1. Subject to the provisions of article 40, any stipulation that directly or indirectly modifies the provisions of this Convention is null and void. The nullity of such stipulations does not imply the nullity of the other provisions of the contract.
2. In particular, any clause by which the carrier would claim the benefit of the insurance of the goods or any other similar clause, as well as any clause that transfers the burden of proof would be null and void.
1. This Convention is open to signature or accession by the member countries of the Economic Commission for Europe and the countries admitted to the Commission in an advisory capacity, in accordance with paragraph 8 of the mandate of this Commission.
2. Countries that may take part in certain works of the Economic Commission for Europe, in accordance with paragraph 11 of the mandate of this Commission, may become Contracting Parties to this Convention, acceding to it after its entry into force.
3. The Convention will be open for signature until 31 August 1956, inclusive. After this date, membership will be open.
4. This Convention will be ratified.
5. Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the 90th day after the five countries mentioned in paragraph 1 of article 42 have deposited their instruments of ratification or accession.
2. For each country that ratifies or accedes to it, after five countries have deposited their instruments of ratification or accession, this Convention shall enter into force on the 90th day following the deposit of that country's instrument of ratification or accession.
1. Any Contracting Party may denounce this Convention by notification addressed to the Secretary-General of the United Nations.
2. The denunciation takes effect twelve months after the date on which the Secretary-General has received notification.
If, after the entry into force of this Convention, the number of Contracting Parties is reduced to less than five as a result of denunciations, the present Convention shall cease to be in force from the date on which the last of those denunciations takes effect.
1. Any country, when depositing its instrument of ratification or accession or at any other time thereafter, may declare, by notification to the Secretary-General of the United Nations, that this
Convention applies to all or part of the territories it represents at the international level. The Convention will apply to the territory or territories mentioned in the notification from the 90th day after receipt of this notification by the Secretary-General, or, if on that day the Convention has not yet entered into force, from the date of its entry into force.
2. Any country that has made, in accordance with the preceding paragraph, a declaration with the effect of making this Convention applicable to a territory it represents at international level, may, in accordance with article 44, denounce the Convention as regards respect to that territory.
Any dispute between two or more Contracting Parties regarding the interpretation or application of this Convention, which the Parties cannot resolve through negotiation or other means of settlement, may be submitted to the decision of the International Court of Justice, at the request of either Party. Interested contractors.
1. Any Contracting Party, at the time of signing or ratifying this Convention or acceding to it, may declare that it does not consider itself bound by Article 47 of the Convention. The other Contracting Parties shall not be bound by Article 47 to any Contracting Party that has made such a reservation.
2. Any Contracting Party that has made a reservation in accordance with paragraph 1 may at any time withdraw that reservation by means of a notification addressed to the Secretary-General of the United Nations.
3. No other reservation to this Convention will be admitted.
1. After the present Convention has been in force for three years, any Contracting Party, by means of a notification addressed to the Secretary-General of the United Nations, may request that a conference be convened to revise this Convention. The Secretary-General shall communicate this request to all Contracting Parties and convene a review conference if, within four months of the communication sent, at least a quarter of the Contracting Parties communicate his assent to that request.
2. If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all Contracting Parties of the fact and invite them to submit, within three months, the proposals that they would like to see examined by the conference. The Secretary-General shall communicate to all Contracting Parties the provisional agenda for the conference and the text of those proposals, at least three months before the opening date of the conference.
3. The Secretary-General shall invite to any conference, convened in accordance with this article, all the countries indicated in paragraph 1 of article 42 and all countries that have become Contracting Parties through the application of paragraph 2 of article 42.
In addition to the notifications provided for in article 49, the Secretary-General of the United Nations shall communicate to the countries indicated in paragraph 1 of article 42 and to countries that have become Contracting Parties through the application of paragraph 2 of article 42:
a) Ratifications and accessions under article 42;
b) The dates on which the present Convention enters into force in accordance with article 43;
c) Complaints under article 44;
d) The abrogation of this Convention in accordance with article 45;
e) Notifications received in accordance with article 46;
f) Declarations and notifications received in accordance with paragraphs 1 and 2 of article 48.
After August 31, 1956, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit duly certified copies of it to each of the countries indicated in paragraphs 1 and 2 of article 42. In witness whereof the undersigned, being duly authorized thereto, have signed this Convention. Done at Geneva, this nineteenth day of May, one thousand nine hundred and fifty-six, in a single copy, in the English and French languages, both texts being authentic.