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 39 198 1. No carrier against whom a claim is made under articles 37 and 38 shall be entitled to 199 dispute the validity of the payment made by the carrier making the claim if the amount of the compensation was determined by judicial authority after the first mentioned carrier had been given due notice of the proceedings and afforded an opportunity of entering an appearance. 2. A carrier wishing to take proceedings to enforce his right of recovery may make his 200 claim before the competent court or tribunal of the country in which one of the carriers concerned is ordinarily resident, or has his principal place of business or the branch or agency through which the contract of carriage was made. All the carriers concerned may be made defendants in the same action. 3. The provisions of article 31, paragraphs 3 and 4, shall apply to judgements entered 201 in the proceedings referred to in articles 37 and 38. 4. The provisions of article 32 shall apply to claims between carriers. The period of 202 limitation shall, however, begin to run either on the date of the final judicial decision fixing the amount of compensation payable under the provisions of this Convention, or, if there is no such judicial decision, from the actual date of payment. Article 40 203 Carriers shall be free to agree among themselves on provisions other than those laid 204 down in articles 37 and 38. Chapter VII - Nullity of Stipulation to the Convention Article 41 205 206 1. Subject to the provisions of article 40, any stipulation which would directly or indirectly 207 derogate from the provisions of this Convention shall be null and void. The nullity of such a stipulation shall not involve the nullity of the other provisions of the contract. 2. In particular, a benefit of insurance in favour of the carrier or any other similar clause, 208 or any clause shifting the burden of proof shall be null and void. Chapter VIII - Final Provisions Article 42 209 210 1. This Convention is open for signature or accession by countries members of the 211 Economic Commission for Europe and countries admitted to the Commission in a consultative capacity under paragraph 8 of the Commission's terms of reference. SiSU lexmercatoria.org 17
22 Online Touch Home