Einde inhoudsopgave
Convention on the contract for the international carriage of goods by road
Article 12
Geldend
Geldend vanaf 02-07-1961
- Bronpublicatie:
19-05-1956, Trb. 1957, 84 (uitgifte: 24-06-1957, kamerstukken/regelingnummer: -)
- Inwerkingtreding
02-07-1961
- Bronpublicatie inwerkingtreding:
24-05-1961, Trb. 1961, 48 (uitgifte: 01-01-1961, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal privaatrecht / Bijzondere onderwerpen
Vervoersrecht / Wegvervoer
1.
The sender has the right to dispose of the goods, in particular by asking the carrier to stop the goods in transit, to change the place at which delivery is to take place or to deliver the goods to a consignee other than the consignee indicated in the consignment note.
2.
This right shall cease to exist when the second copy of the consignment note is handed to the consignee or when the consignee exercises his right under article 13, paragraph 1; from that time onwards the carrier shall obey the orders of the consignee.
3.
The consignee shall, however, have the right of disposal from the time when the consignment note is drawn up, if the sender makes an entry to that effect in the consignment note.
4.
If in exercising his right of disposal the consignee has ordered the delivery of the goods to another person, that other person shall not be entitled to name other consignees.
5.
The exercise of the right of disposal shall be subject to the following conditions:
- (a)
That the sender or, in the case referred to in paragraph 3 of this article, the consignee who wishes to exercise the right produces the first copy of the consignment note on which the new instructions to the carrier have been entered and indemnifies the carrier against all expenses, loss and damage involved in carrying out such instructions;
- (b)
That the carrying out of such instructions is possible at the time when the instructions reach the person who is to carry them out and does not either interfere with the normal working of the carrier's undertaking or prejudice the senders or consignees of other consignments;
- (c)
That the instructions do not result in a division of the consignment.
6.
When, by reason of the provisions of paragraph 5 (b) of this article, the carrier cannot carry out the instructions which he receives, he shall immediately notify the person who gave him such instructions.
7.
A carrier who has not carried out the instructions given under the conditions provided for in this article, or who has carried them out without requiring the first copy of the consignment note to be produced, shall be liable to the person entitled to make a claim for any loss or damage caused thereby.