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) Article 35 186 1. A carrier accepting the goods from a previous carrier shall give the latter a dated 187 and signed receipt. He shall enter his name and address on the second copy of the consignment note. Where applicable, he shall enter on the second copy of the consignment note and on the receipt reservations of the kind provided for in article 8, paragraph 2. 2. The provisions of article 9 shall apply to the relations between successive carriers 188 . Article 36 189 Except in the case of a counterclaim or a setoff raised in an action concerning a claim 190 based on the same contract of carriage, legal proceedings in respect of liability for loss, damage or delay may only be brought against the first carrier, the last carrier or the carrier who was performing that portion of the carriage during which the event causing the loss, damage or delay occurred, an action may be brought at the same time against several of these carriers. Article 37 191 A carrier who has paid compensation in compliance with the provisions of this Con- 192 vention, shall be entitled to recover such compensation, together with interest thereon and all costs and expenses incurred by reason of the claim, from the other carriers who have taken part in the carriage, subject to the following provisions: (a) The carrier responsible for the loss or damage shall be solely liable for the compen- 193 sation whether paid by himself or by another carrier; (b) When the loss or damage has been caused by the action of two or more carriers, 194 each of them shall pay an amount proportionate to his share of liability; should it be impossible to apportion the liability, each carrier shall be liable in proportion to the share of the payment for the carriage which is due to him; (c) If it cannot be ascertained to which carriers liability is attributable for the loss or 195 damage, the amount of the compensation shall be apportioned between all the carriers as laid down in (b) above. Article 38 196 If one of the carriers is insolvent, the share of the compensation due from him and 197 unpaid by him shall be divided among the other carriers in proportion to the share of the payment for the carriage due to them. SiSU lexmercatoria.org 16
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