BWBV0007074
Artikel 32
Verdrag inzake de overeenkomst van internationaal spoorwegvervoer van goederen
1. The period of limitation for an action arising from carriage under this Convention shall be one year. Nevertheless, the period of limitation shall be two years in the case of an action:
a) To recover a cash on delivery payment collected by the carrier from the consignee;
b) To recover the proceeds of sale effected by the carrier.
2. The period of limitation shall run for actions:
a) For compensation for total loss, from the thirtieth day after expiry of the transit period;
b) For compensation for partial loss, damage or exceeding of the transit period, from the day when delivery took place;
c) In all the other cases, from the day when the right of action may be exercised.
The day indicated for the commencement of the period of limitation shall not be included in the period.
3. The period of limitation shall be suspended by a claim made in accordance with Article 29 until the day that the carrier rejects the claim by notification in writing and returns the documents submitted with it. If part of the claim is admitted, the period of limitation shall start to run again in respect to the part of the claim in dispute. The burden of proof of receipt of the claim or of the reply and of the return of the documents shall lie on the party who relies on those facts. The period of limitation shall not be suspended by further claims having the same object.
4. A right of action which has become time-barred may not be exercised further, even by way of counterclaim or relied upon by way of exception.
5. Otherwise, the suspension and interruption of periods of limitation shall be governed by national law.
a) To recover a cash on delivery payment collected by the carrier from the consignee;
b) To recover the proceeds of sale effected by the carrier.
2. The period of limitation shall run for actions:
a) For compensation for total loss, from the thirtieth day after expiry of the transit period;
b) For compensation for partial loss, damage or exceeding of the transit period, from the day when delivery took place;
c) In all the other cases, from the day when the right of action may be exercised.
The day indicated for the commencement of the period of limitation shall not be included in the period.
3. The period of limitation shall be suspended by a claim made in accordance with Article 29 until the day that the carrier rejects the claim by notification in writing and returns the documents submitted with it. If part of the claim is admitted, the period of limitation shall start to run again in respect to the part of the claim in dispute. The burden of proof of receipt of the claim or of the reply and of the return of the documents shall lie on the party who relies on those facts. The period of limitation shall not be suspended by further claims having the same object.
4. A right of action which has become time-barred may not be exercised further, even by way of counterclaim or relied upon by way of exception.
5. Otherwise, the suspension and interruption of periods of limitation shall be governed by national law.
- Citeren als
- Art. 32
- Status
- Geldend recht
- Identificatie
- BWBV0007074
- Officiële bron
- wetten.overheid.nl