Einde inhoudsopgave
Budapest Convention on the Contract for the carriage of goods by inland waterway (CMNI)
Article 24 Limitation of actions
Geldend
Geldend vanaf 01-04-2005
- Bronpublicatie:
22-06-2001, Trb. 2001, 124 (uitgifte: 26-07-2001, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-04-2005
- Bronpublicatie inwerkingtreding:
11-08-2006, Trb. 2006, 176 (uitgifte: 01-01-2006, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Vrij verkeer
Vervoersrecht / Binnenvaart
1.
All actions arising out of a contract governed by this Convention shall be time-barred after one year commencing from the day when the goods were, or should have been, delivered to the consignee. The day on which the limitation period commences is not included in the period.
2.
The person against whom an action is instituted may at any time during the limitation period extend that period by a declaration in writing to the injured party. This period may be further extended by one or more further declarations.
3.
The suspension and interruption of the limitation period are governed by the law of the State applicable to the contract of carriage. The filing of a claim in proceedings to apportion limited liability for all claims arising from an event having led to damage shall interrupt the limitation.
4.
Any action for indemnity by a person held liable under this Convention may be instituted even after the expiry of the limitation period provided for in paragraphs 1 and 2 of the present article, if proceedings are instituted within a period of 90 days commencing from the day on which the person instituting the action has settled the claim or has been served with process, or if proceedings are instituted within a longer period as provided by the law of the State where proceedings are instituted.
5.
A right of action which has become barred by lapse of time may not be exercised by way of counter-claim or set-off.