COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION
# UNIFORM ACT ON THE CONTRACT FOR THE CARRIAGE OF GOODS BY ROAD
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COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION
# TABLE OF CONTENTS
CHAPTER I SCOPE OF APPLICATION AND DEFINITIONS ...573 Scope of application ...573 Definitions ...573
CHAPTER II CONTRACT OF CARRIAGE AND TRANSPORT DOCUMENTS FORMATION OF THE CONTRACT OF CARRIAGE ...575 Consignment Note ...575 The probative value of the consignment note ...576 Customs Documents ...576
CHAPTER III PERFORMANCE OF THE CONTRACT OF CARRIAGE PACKING OF THE GOODS ...577 Particulars and Liability of the Sender ...577 Period of Carriage ...578 Taking over of the Goods ...578 Right to dispose of the goods in transit ...579 Inability to carry and deliver the goods ...579 Delivery of the goods ...580 Condition of the Goods and Delay in Delivery ...581 Payment of the charges shown to be due on the consignment note ...582
CHAPTER IV LIABILITY OF THE CARRIER BASIS OF LIABILITY ...582 Exemption from Liability ...583 Limits of Liability ...584 Calculation of compensation ...584 Extra-contractual liability ...585 Loss of right of exemption and limitation of liability ...585 Liability in case of combined transport ...586 Liability in case of successive carriage ...586
UNIFORM ACT ON THE CONTRACT FOR THE CARRIAGE OF GOODS BY ROAD
CHAPTER V DISPUTES - ACTIONS BETWEEN CARRIERS ...586 Time-limit for claims and actions ...587 Arbitration ...587 Competent Jurisdiction in matters of inter-States Carriage ...587
CHAPTER VI MISCELLANEOUS PROVISIONS NULLITY OF STIPULATIONS CONTRARY TO THE UNIFORM ACT ...588 Currency conversion ...588
CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS ...589
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COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION
The Council of Ministers of the Organisation for the Harmonization of Business Law in Africa (OHADA),
- Considering the Treaty for the Harmonization of Business Law in Africa, in particular Article s 2, and 5-10 thereof;
- Considering the report by the Permanent Secretariat and the observations of the State Parties;
- Considering the opinion of the Common Court of Justice and Arbitration dated 17 December 2003;
Having deliberated thereon, adopt by unanimous vote of the State Parties present and voting, the Uniform Act set out below.
CHAPTER I
SCOPE OF APPLICATION AND DEFINITIONS
Scope of application
ARTICLE 1
1- This Uniform Act shall apply to every contract for the carriage of goods by road, when the place of taking over of the goods and the place designated for delivery, as specified in the contract, are either situated in the territory of an OHADA State Party or on the territory of two different States, of which at least one is an OHADA Member. The Uniform Act shall apply irrespective of the place of residence and nationality of the parties to the contract of carriage.
2- The Uniform Act shall not apply to the carriage of dangerous goods, funeral consignments, furniture removal, or to carriage performed under the terms of any international postal conventions