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Convention For The Unification Of
Certain Rules Relating To International Carriage By Air, Signed At ( |
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Chapter I - Scope – Definitions Article 1 1. This Convention applies
to all international carriage of persons, luggage or goods performed by
aircraft for reward. It applies equally to gratuitous carriage by aircraft
performed by an air transport undertaking. 2. For the purposes of
this Convention the expression "international carriage" means any
carriage in which, according to the contract made by the parties, the place
of departure and the place of destination, whether or not there be a break in
the carriage or a transhipment, are situated either within the territories of
two High Contracting Parties, or within the territory of a single High
Contracting Party, if there is an agreed stopping place within a territory
subject to the sovereignty, suzerainty, mandate or authority of another
Power, even though that Power is not a party to this Convention. A carriage
without such an agreed stopping place between territories subject to the
sovereignty, suzerainty, mandate or authority of the same High Contracting
Party is not deemed to be international for the purposes of this Convention. 3. A carriage to be
performed by several successive air carriers is deemed, for the purposes of
this Convention, to be one undivided carriage, if it has been regarded by the
parties as a single operation, whether it had been agreed upon under the form
of a single contract or of a series of contracts, and it does not lose its
international character merely because one contract or a series of contracts
is to be performed entirely within a territory subject to the sovereignty,
suzerainty, mandate or authority of the same High Contracting Party. Article 2 1. This Convention
applies to carriage performed by the State or by legally constituted public
bodies provided it falls within the conditions laid down in Article 1. 2. This Convention does
not apply to carriage performed under the terms of any international postal
Convention. Chapter II - Documents of Carriage Section I -
Passenger Ticket Article 3 1. For the carriage of
passengers the carrier must deliver a passenger ticket which shall contain
the following particulars:- a. the place and date
of issue; b. the place of
departure and of destination; c. the agreed stopping
places, provided that the carrier may reserve the right to alter the stopping
places in case of necessity, and that if he exercises that right, the
alteration shall not have the effect of depriving the carriage of its
international character; d. the name and
address of the carrier or carriers; e. a statement that
the carriage is subject to the rules relating to liability established by
this Convention. 2. The absence,
irregularity or loss of the passenger ticket does not affect the existence or
the validity of the contract of carriage, which shall none the less be
subject to the rules of this Convention. Nevertheless, if the carrier accepts
a passenger without a passenger ticket having been delivered he shall not be
entitled to avail himself of those provisions of this Convention which
exclude or limit his liability. Section II - Luggage
Ticket Article 4 1. For the carriage of
luggage, other than small personal objects of which the passenger takes
charge himself, the carrier must deliver a luggage
ticket. 2. The luggage ticket
shall be made out in duplicate, one part for the passenger and the other part
for the carrier. 3. The luggage ticket
shall contain the following particulars:- a. the place and date
of issue; b. the place of
departure and of destination; c. the name and address
of the carrier or carriers; d. the number of the
passenger ticket; e. a statement that
delivery of the luggage will be made to the bearer of the luggage ticket; f. the number and
weight of the packages; g. the amount of the
value declared in accordance with Article 22(2); h. a statement that
the carriage is subject to the rules relating to liability established by
this Convention. 4. The absence,
irregularity or loss of the luggage ticket does not affect the existence or
the validity of the contract of carriage, which shall none the less be
subject to the rules of this Convention. Nevertheless, if the carrier accepts
luggage without a luggage ticket having been delivered, or if the luggage
ticket does not contain the particulars set out at (d), (f) and (h) above,
the carrier shall not be entitled to avail himself of those provisions of the
Convention which exclude or limit his liability. Section III - Air
Consignment Note Article 5 1. Every carrier of
goods has the right to require the consignor to make out and hand over to him
a document called an "air consignment note"; every consignor has
the right to require the carrier to accept this document. 2. The absence, irregularity
or loss of this document does not affect the existence or the validity of the
contract of carriage which shall, subject to the provisions of Article 9, be
none the less governed by the rules of this Convention. Article 6 1. The air consignment
note shall be made out by the consignor in three original parts and be handed
over with the goods. 2. The first part
shall be marked "for the carrier," and shall be signed by the
consignor. The second part shall be marked "for the consignee"; it
shall be signed by the consignor and by the carrier and shall accompany the
goods. The third part shall be signed by the carrier and handed by him to the
consignor after the goods have been accepted. 3. The carrier shall
sign on acceptance of the goods. 4. The signature of
the carrier may be stamped; that of the consignor may be printed or stamped. 5. If, at the request
of the consignor, the carrier makes out the air consignment note, he shall be
deemed, subject to proof to the contrary, to have done so on behalf of the
consignor. Article 7 The carrier of goods has the right to
require the consignor to make out separate consignment notes when there is
more than one package. The air consignment note shall contain the
following particulars:- a. the place and date
of its execution; b. the place of
departure and of destination; c. the agreed stopping
places, provided that the carrier may reserve the right to alter the stopping
places in case of necessity, and that if he exercises that right the
alteration shall not have the effect of depriving the carriage of its
international character; d. the name and
address of the consignor; e. the name and
address of the first carrier; f. the name and address
of the consignee, if the case so requires; g. the nature of the
goods; h. the number of the
packages, the method of packing and the particular marks or numbers upon
them; i. the weight, the
quantity and the volume or dimensions of the goods; j. the apparent
condition of the goods and of the packing; k. the freight, if it
has been agreed upon, the date and place of payment, and the person who is to
pay it; l. if the goods are
sent for payment on delivery, the price of the goods, and, if the case so
requires, the amount of the expenses incurred; m. the amount of the
value declared in accordance with Article 22 (2); n. the number of parts
of the air consignment note; o. the documents
handed to the carrier to accompany the air consignment note; p. the time fixed for
the completion of the carriage and a brief note of the route to be followed,
if these matters have been agreed upon; q. a statement that
the carriage is subject to the rules relating to liability established by
this Convention. Article 9 If the carrier accepts goods without an air
consignment note having been made out, or if the air consignment note does
not contain all the particulars set out in Article 8(a) to (i) inclusive and (q), the carrier shall not be entitled to
avail himself of the provisions of this Convention which exclude or limit his
liability. Article 10 1. The consignor is
responsible for the correctness of the particulars and statements relating to
the goods which he inserts in the air consignment note. 2. The consignor will
be liable for all damage suffered by the carrier or any other person by
reason of the irregularity, incorrectness or incompleteness of the said
particulars and statements. Article 11 1. The air consignment
note is prima facie evidence of the conclusion of the contract, of the
receipt of the goods and of the conditions of carriage. 2. The statements in
the air consignment note relating to the weight, dimensions and packing of
the goods, as well as those relating to the number of packages, are prima
facie evidence of the facts stated; those relating to the quantity, volume
and condition of the goods do not constitute evidence against the carrier
except so far as they both have been, and are stated in the air consignment
note to have been, checked by him in the presence of the consignor, or relate
to the apparent condition of the goods. Article 12 1. Subject to his
liability to carry out all his obligations under the contract of carriage,
the consignor has the right to dispose of the goods by withdrawing them at
the aerodrome of departure or destination, or by stopping them in the course
of the journey on any landing, or by calling for them to be delivered at the
place of destination or in the course of the journey to a person other than
the consignee named in the air consignment note, or by requiring them to be
returned to the aerodrome of departure. He must not exercise this right of
disposition in such a way as to prejudice the carrier or other consignors and
he must repay any expenses occasioned by the exercise of this right. 2. If it is impossible
to carry out the orders of the consignor the carrier must so inform him
forthwith. 3. If the carrier
obeys the orders of the consignor for the disposition of the goods without
requiring the production of the part of the air consignment note delivered to
the latter, he will be liable, without prejudice to his right of recovery
from the consignor, for any damage which may be caused thereby to any person
who is lawfully in possession of that part of the air consignment note. 4. The right conferred
on the consignor ceases at the moment when that of the consignee begins in
accordance with Article 13. Nevertheless, if the consignee declines to accept
the consignment note or the goods, or if he cannot be communicated with, the
consignor resumes his right of disposition. Article 13 1. Except in the
circumstances set out in the preceding Article, the consignee is entitled, on
arrival of the goods at the place of destination, to require the carrier to
hand over to him the air consignment note and to deliver the goods to him, on
payment of the charges due and on complying with the conditions of carriage
set out in the air consignment note. 2. Unless it is
otherwise agreed, it is the duty of the carrier to give notice to the
consignee as soon as the goods arrive. 3. If the carrier
admits the loss of the goods, or if the goods have not arrived at the
expiration of seven days after the date on which they ought to have arrived,
the consignee is entitled to put into force against the carrier the rights
which flow from the contract of carriage. Article 14 The consignor and the consignee can
respectively enforce all the rights given them by Articles 12 and 13, each in
his own name, whether he is acting in his own interest or in the interest of
another, provided that he carries out the obligations imposed by the
contract. Article 15 1. Articles 12, 13 and
14 do not affect either the relations of the consignor or the consignee with
each other or the mutual relations of third parties whose rights are derived
either from the consignor or from the consignee. 2. The provisions of
Articles 12, 13 and 14 can only be varied by express provision in the air
consignment note. Article 16 1. The consignor must
furnish such information and attach to the air consignment note such
documents as are necessary to meet the formalities of customs, octroi or police before the goods can be delivered to the
consignee. The consignor is liable to the carrier for any damage occasioned
by the absence, insufficiency or irregularity of any such information or
documents, unless the damage is due to the fault of the carrier or his
agents. 2. The carrier is under
no obligation to enquire into the correctness or sufficiency of such
information or documents. Chapter III - Liability of the Carrier Article 17 The carrier is liable for damage sustained in
the event of the death or wounding of a passenger or any other bodily injury
suffered by a passenger, if the accident which caused the damage so sustained
took place on board the aircraft or in the course of any of the operations of
embarking or disembarking. Article 18 1. The carrier is
liable for damage sustained in the event of the destruction or loss of, or of
damage to, any registered luggage or any goods, if the occurrence which
caused the damage so sustained took place during the carriage by air. 2. The carriage by air
within the meaning of the preceding paragraph comprises the period during
which the luggage or goods are in charge of the carrier, whether in an
aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome,
in any place whatsoever. 3. The period of the
carriage by air does not extend to any carriage by land, by sea or by river
performed outside an aerodrome. If, however, such a carriage takes place in
the performance of a contract for carriage by air, for the purpose of
loading, delivery or trans-shipment, any damage is presumed, subject to proof
to the contrary, to have been the result of an event which took place during
the carriage by air. Article 19 The carrier is liable for damage occasioned
by delay in the carriage by air of passengers, luggage or goods. Article 20 1. The carrier is not
liable if he proves that he and his agents have taken all necessary measures
to avoid the damage or that it was impossible for him or them to take such measures. 2. In the carriage of
goods and luggage the carrier is not liable if he proves that the damage was
occasioned by negligent pilotage or negligence in
the handling of the aircraft or in navigation and that, in all other
respects, he and his agents have taken all necessary measures to avoid the
damage. Article 21 If the carrier proves that the damage was
caused by or contributed to by the negligence of the injured person the Court
may, in accordance with the provisions of its own law, exonerate the carrier
wholly or partly from his liability. Article 22 1. In the carriage of
passengers the liability of the carrier for each passenger is limited to the
sum of 125,000 francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in the form of
periodical payments, the equivalent capital value of the said payments shall
not exceed 125,000 francs. Nevertheless, by special contract, the carrier and
the passenger may agree to a higher limit of liability. 2. In the carriage of
registered luggage and of goods, the liability of the carrier is limited to a
sum of 250 francs per kilogram, unless the consignor has made, at the time
when the package was handed over to the carrier, a special declaration of the
value at delivery and has paid a supplementary sum if the case so requires.
In that case the carrier will be liable to pay a sum not exceeding the
declared sum, unless he proves that that sum is greater than the actual value
to the consignor at delivery. 3. As regards objects
of which the passenger takes charge himself the
liability of the carrier is limited to 5,000 francs per passenger. 4. The sums mentioned
above shall be deemed to refer to the French franc consisting of 65 «
milligrams gold of millesimal fineness 900. These
sums may be converted into any national currency in round figures. Article 23 Any provision tending to relieve the carrier
of liability or to fix a lower limit than that which is laid down in this
Convention shall be null and void, but the nullity of any such provision does
not involve the nullity of the whole contract, which shall remain subject to
the provisions of this Convention. Article 24 1. In the cases
covered by Articles 18 and 19 any action for damages, however founded, can
only be brought subject to the conditions and limits set out in this
Convention. 2. In the cases
covered by Article 17 the provisions of the preceding paragraph also apply,
without prejudice to the questions as to who are the persons who have the
right to bring suit and what are their respective rights. Article 25 1. The carrier shall
not be entitled to avail himself of the provisions of this Convention which
exclude or limit his liability, if the damage is caused by his wilful
misconduct or by such default on his part as, in accordance with the law of
the Court seised of the case, is considered to be
equivalent to wilful misconduct. 2. Similarly the
carrier shall not be entitled to avail himself of the said provisions, if the
damage is caused as aforesaid by any agent of the carrier acting within the
scope of his employment. Article 26 1. Receipt by the
person entitled to delivery of luggage or goods without
complaint is prima facie evidence that the same have been delivered in
good condition and in accordance with the document of carriage. 2. In the case of
damage, the person entitled to delivery must complain to the carrier
forthwith after the discovery of the damage, and, at the latest, within three
days from the date of receipt in the case of luggage and seven days from the
date of receipt in the case of goods. In the case of delay the complaint must
be made at the latest within fourteen days from the date on which the luggage
or goods have been placed at his disposal. 3. Every complaint
must be made in writing upon the document of carriage or by separate notice
in writing despatched within the times aforesaid. 4. Failing complaint
within the times aforesaid, no action shall lie against the carrier, save in
the case of fraud on his part. Article 27 In the case of the death of the person
liable, an action for damages lies in accordance with the terms of this
Convention against those legally representing his estate. Article 28 1. An action for
damages must be brought, at the option of the plaintiff, in the territory of
one of the High Contracting Parties, either before the Court having
jurisdiction where the carrier is ordinarily resident, or has his principal
place of business, or has an establishment by which the contract has been
made or before the Court having jurisdiction at the place of destination. 2. Questions of
procedure shall be governed by the law of the Court seised
of the case. Article 29 1. The right to
damages shall be extinguished if an action is not brought within two years,
reckoned from the date of arrival at the destination, or from the date on
which the aircraft ought to have arrived, or from the date on which the
carriage stopped. 2. The method of
calculating the period of limitation shall be determined by the law of the
Court seised of the case. Article 30 1. In the case of
carriage to be performed by various successive carriers and falling within
the definition set out in the third paragraph of Article 1, each carrier who
accepts passengers, luggage or goods is subjected to the rules set out in
this Convention, and is deemed to be one of the contracting parties to the
contract of carriage in so far as the contract deals with that part of the
carriage which is performed under his supervision. 2. In the case of
carriage of this nature, the passenger or his representative can take action
only against the carrier who performed the carriage during which the accident
or the delay occurred, save in the case where, by express agreement, the first
carrier has assumed liability for the whole journey. 3. As regards luggage
or goods, the passenger or consignor will have a right of action against the
first carrier, and the passenger or consignee who is entitled to delivery
will have a right of action against the last carrier, and further, each may
take action against the carrier who performed the carriage during which the
destruction, loss, damage or delay took place. These carriers will be jointly
and severally liable to the passenger or to the consignor or consignee. Chapter IV - Provisions relating to Combined Carriage Article 31 1. In the case of
combined carriage performed partly by air and partly by any other mode of
carriage, the provisions of this Convention apply only to the carriage by
air, provided that the carriage by air falls within the terms of Article 1. 2. Nothing in this
Convention shall prevent the parties in the case of combined carriage from
inserting in the document of air carriage conditions relating to other modes
of carriage, provided that the provisions of this Convention are observed as
regards the carriage by air. Chapter V - General and Final Provisions Article 32 Any clause contained in the contract and all
special agreements entered into before the damage occurred by which the
parties purport to infringe the rules laid down by this Convention, whether
by deciding the law to be applied, or by altering the rules as to
jurisdiction, shall be null and void. Nevertheless for the carriage of goods
arbitration clauses are allowed, subject to this Convention, if the
arbitration is to take place within one of the jurisdictions referred to in
the first paragraph of Article 28. Article 33 Nothing contained in this Convention shall
prevent the carrier either from refusing to enter into any contract of
carriage, or from making regulations which do not conflict with the
provisions of this Convention. Article 34 This Convention does not apply to international
carriage by air performed by way of experimental trial by air navigation
undertakings with the view to the establishment of a regular line of air
navigation, nor does it apply to carriage performed in extraordinary
circumstances outside the normal scope of an air carrier's business. Article 35 The expression "days" when used in
this Convention means current days not working days. Article 36 The Convention is drawn up in French in a
single copy which shall remain deposited in the archives of the Ministry for
Foreign Affairs of Poland and of which one duly certified copy shall be sent
by the Polish Government to the Government of each of the High Contracting
Parties. Article 37 1. This Convention
shall be ratified. The instruments of ratification shall be deposited in the
archives of the Ministry for Foreign Affairs of Poland, which will notify the
deposit to the Government of each of the High Contracting Parties. 2. As soon as this
Convention shall have been ratified by five of the High Contracting Parties
it shall come into force as between them on the ninetieth day after the
deposit of the fifth ratification. Thereafter it shall come into force
between the High Contracting Parties who shall have ratified and the High
Contracting Party who deposits his instrument of ratification on the
ninetieth day after the deposit. 3. It shall be the
duty of the Government of the Article 38 1. This Convention
shall, after it has come into force, remain open for accession by any State. 2. The accession shall
be effected by a notification addressed to the Government of the 3. The accession shall
take effect as from the ninetieth day after the notification made to the
Government of the Article 39 1. Any one of the High
Contracting Parties may denounce this Convention by a notification addressed
to the Government of the 2. Denunciation shall
take effect six months after the notification of denunciation, and shall
operate only as regards the Party who shall have proceeded to denunciation. Article 40 1. Any High Contracting
Party may, at the time of signature or of deposit of ratification or of
accession declare that the acceptance which he gives to this Convention does
not apply to all or any of his colonies, protectorates, territories under
mandate, or any other territory subject to his sovereignty or his authority,
or any territory under his suzerainty. 2. Accordingly any
High Contracting Party may subsequently accede separately in the name of all
or any of his colonies, protectorates, territories under mandate or any other
territory subject to his sovereignty or to his authority or any territory
under his suzerainty which has been thus excluded by his original
declaration. 3. Any High
Contracting Party may denounce this Convention, in accordance with its provisions,
separately or for all or any of his colonies, protectorates, territories
under mandate or any other territory subject to his sovereignty or to his
authority, or any other territory under his suzerainty. Article 41 Any High Contracting Party shall be entitled
not earlier than two years after the coming into force of this Convention to
call for the assembling of a new international Conference in order to
consider any improvements which may be made in this Convention. To this end
he will communicate with the Government of the This Convention Done at Additional Protocol
- With reference to Article 2 The High Contracting Parties reserve to themselves the right
to declare at the time of ratification or of accession that the first
paragraph of Article 2 of this Convention shall not apply to international
carriage by air performed directly by the State, its colonies, protectorates
or mandated territories or by any other territory under its sovereignty,
suzerainty or authority. End |
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Convention pour
l'unification de certain règles relatives au Transport aérien international,
signéà Varsovie, le 12 Octobre 1929(Convention de Varsovie)CHAPITRE
PREMIEROBJET - DÉFINITIONSArticle Premier1. La présente Convention s'applique
à tout transport international depersonnes, bagages ou marchandises, effectué
par aéronef contre rémunération. Elles'applique également aux transports
gratuits effectués par aéronef par une entreprisede transports aériens.2. Est
qualifié "transport international", au sens de la présente
Convention, touttransport dans lequel, d'après les stipulations des parties,
le point de départ et le pointde destination, qu'il y ait ou non interruption
de transport ou transbordement, sontsitués soit sur le territoire de deux
Hautes Parties Contractantes, soit sur le territoired'une seule Haute Partie
Contractante, si une escale est prévue dans un territoiresoumis à la
souveraineté, à la suzeraineté, au mandat ou à l'autorité d'une autrePuissance
même non Contractante. Le transport sans une telle escale entre lesterritoires
soumis à la souveraineté, à la suzeraineté, au mandat ou à l'autorité de lamême
Haute Partie Contractante n'est pas considéré comme international au sens dela
présente Convention.3. Le transport à exécuter par plusieurs transporteurs
par air successifs estcensé constituer pour l'application de cette Convention
un transport unique lorsqu'ila été envisagé par les parties comme une seule
opération, qu'il ait été conclu sous laforme d'un seul contrat ou d'une série
de contrats et il ne perd pas son caractèreinternational par le fait qu'un
seul contrat ou une série de contrats doivent être exécutésintégralement dans
un territoire soumis à la souveraineté, à la suzeraineté, au mandatou à
l'autorité d'une même Haute Partie Contractante.Article 21. La Convention s'applique
aux transports effectués par l'État ou les autrespersonnes juridiques de
droit public, dans les conditions prévues à l'article 1er.2. Sont exceptés de
l'application de la présente Convention les transportseffectués sous l'empire
de conventions postales internationales.CHAPITRE IITITRE DE TRANSPORTSection
I - Billet de passageArticle 31. Dans le transport de voyageurs, le
transporteur est tenu de délivrer un billetde passage qui doit contenir les
mentions suivantes:(a) le lieu et la date de l'émission;(b) les points de
départ et de destination;(c) les arrêts prévus, sous réserve de la faculté
pour le transporteur destipuler qu'il pourra les modifier en cas de nécessité
et sans que cettemodification puisse faire perdre au transport son caractère
international;(d) le nom et l'adresse du ou des transporteurs;(e)
l'indication que le transport est soumis au régime de la responsabilitéétabli
par la présente Convention.2. L'absence, l'irrégularité ou la perte du billet
n'affecte ni l'existence, ni lavalidité du contrat de transport, qui n'en
sera pas moins soumis aux règles de laprésente Convention. Toutefois si le
transporteur accepte le voyageur sans qu'il ait étédélivré un billet de
passage, il n'aura pas le droit de se prévaloir des dispositions decette
Convention qui excluent ou limitent sa responsabilité.Section II - Bulletin
de bagagesArticle 41. Dans le transport de bagages, autres que les menus
objets personnels dontle voyageur conserve la garde, le transporteur est tenu
de délivrer un bulletin debagages.2. Le bulletin de bagages est établi en
deux exemplaires, l'un pour le voyageur,l'autre pour
le transporteur.3. Il doit contenir les mentions suivantes:(a) le lieu et la
date de l'émission;(b) les points de départ et de destination;(c) le nom et
l'adresse du ou des transporteurs;(d) le numéro du billet de passage;(e)
l'indication que la livraison des bagages est faite au porteur dubulletin;(f)
le nombre et le poids des colis;(g) le montant de la valeur déclarée
conformément à l'article 22, alinéa2;(h) l'indication que le transport est
soumis au régime de la responsabilitéétabli par la présente Convention.4.
L'absence, l'irrégularité ou la perte du bulletin n'affecte ni l'existence,
nila validité du contrat de transport qui n'en sera pas moins soumis aux
règles de laprésente Convention. Toutefois si le transporteur accepte les
bagages sans qu'il ait étédélivré un bulletin ou si le bulletin ne contient
pas les mentions indiquées sous leslettres (d), (f), (h), le transporteur
n'aura pas le droit de se prévaloir des dispositionsde cette Convention qui
excluent ou limitent sa responsabilité.Section III - Lettre de transport
aérienArticle 51. Tout transporteur de marchandises a le droit de demander à
l'expéditeurl'établissement et la remise d'un titre appelé "lettre de
transport aérien"; toutexpéditeur a le droit de demander au transporteur
l'acceptation de ce document.2. Toutefois, l'absence, l'irrégularité ou la
perte de ce titre n'affecte nil'existence, ni la validité du contrat de
transport qui n'en sera pas moins soumis auxrègles de la présente Convention,
sous réserve des dispositions de l'article 9.Article 61. La lettre de
transport aérien est établie par l'expéditeur en trois exemplairesoriginaux
et remise avec la marchandise.2. Le premier exemplaire porte la mention
"pour le transporteur"; il est signépar l'expéditeur. Le deuxième
exemplaire porte la mention "pour le destinataire"; ilest signé par
l'expéditeur et le transporteur et il accompagne la marchandise. Letroisième
exemplaire est signé par le transporteur et remis par lui à l'expéditeur
aprèsacceptation de la marchandise.3. La signature du transporteur doit être
apposée dès l'acceptation de lamarchandise.4. La signature du transporteur
peut être remplacée par un timbre; |