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Convention on the Contract for the International Carriage of Goods by Road (CMR) (1978 - the CMR Convention of Geneva, 19 May 1956 as amended by the CMR Protocol of Geneva, 5 July, 1978)

Preamble

[Preamble]

Chapter 1 - Scope of Application

Article 1

Article 2

Chapter II - Persons for whom the Carrier is Responsible

Article 3

Chapter III - Conclusion and Performance of the Contract of Carriage

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Chapter IV - Liability of the Carrier

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Chapter V - Claims and Actions

Article 30

Article 31

Article 32

Article 33

Chapter VI - Provisions Relating to Carriage Performed by Successive Carriers

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Chapter VII - Nullity of Stipulation to the Convention

Article 41

Chapter VIII - Final Provisions

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article 50

Article 51

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Convention on the Contract for the International Carriage of Goods by Road (CMR) (1978 - Geneva, 19 May 1956 as amended by Protocol to the CMR, Geneva, 5 July, 1978)

United Nations (UN)

copy @ Lex Mercatoria

Convention on the Contract for the International Carriage of Goods by Road (CMR) (1978 - the CMR Convention of Geneva, 19 May 1956 as amended by the CMR Protocol of Geneva, 5 July, 1978)

Preamble

Chapter V - Claims and Actions

Article 32

1. The period of limitation for an action arising out of carriage under this Convention shall be one year. Nevertheless, in the case of wilful misconduct, or such default as in accordance with the law of the court or tribunal seised of the case, is considered as equivalent to wilful misconduct, the period of limitation shall be three years. The period of limitation shall begin to run:

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

(b) In the case of total loss, from the thirtieth day after the expiry of the agreed time-limit or where there is no agreed time-limit from the sixtieth day from the date on which the goods were taken over by the carrier;

(c) In all other cases, on the expiry of a period of three months after the making of the contract of carriage.

The day on which the period of limitation begins to run shall not be included in the period.

2. A written claim shall suspend the period of limitation until such date as the carrier rejects the claim by notification in writing and returns the documents attached thereto. If a part of the claim is admitted the period of limitation shall start to run again only in respect of that part of the claim still in dispute. The burden of proof of the receipt of the claim, or of the reply and of the return of the documents, shall rest with the party relying upon these facts. The running of the period of limitation shall not be suspended by further claims having the same object.

3. Subject to the provisions of paragraph 2 above, the extension of the period of limitation shall be governed by the law of the court or tribunal seized of the case. That law shall also govern the fresh accrual of rights of action.

4. A right of action which has become barred by lapse of time may not be exercised by way of counterclaim or set-off.


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