Convention on the Limitation Period in the International Sale of Goodssk en

[slovenske znenie]

The Limitations Convention was signed on 14 June 1974 in New Yorku and was the first legal instrument unifying the legal regulation of international sales which was drafted by the UNCITRAL. The Czechoslovak Socialist Republic (the ancestor of the Slovak Republic and the Czech Republic) ratified the Limitations Convention on 26 May 1977 and it came into force in accordance with article 44 sec. 1 on 1 August 1988 and was published in the Collection of Acts as the Notice of the Minister of Foreign Affairs on 16 June 1988 no. 123/1988 Coll.

The Protocol amending the Limitations Convention was signed on 11 April 1980 in Vienna. The Czechoslovak Socialist Republic ratified the Protocol on 5 March 1990 and it came into force in accordance with article IX sec. 2 on 1 September 1990 and was published in the Collection of Acts as Notice of the Federal Ministry of Foriegn Affairs no. 161/1991 Coll.  

In accordance with the reservation made by the Czechoslovak Republic against article I of the Protocol, the Limitations Convention is not applicable under the condition prescribed in article 3 sec. 1 b) of the Limitations Convention as amended by the Protocol. Therefore, the Limitations Convention is only applicable under article 3 sec. 1 a) (similarly as CISG is applicable under article 1 sec. 1 a) CISG),„if, at the time of the conclusion of the contract, the places of business of the parties to a contract of international sale of goods are in Contracting States“ Since the original text of the Limitations Convention was subsequently amended by the Protocol, there are two versions of the Convention now – the original one (as singed in 1974) and the consolidated one (as amended in 1980). We must therefore also distinguish between member states of the original text of the Convention and member states of the consolidated version of the Convention (which ratified both the Convention and the Protocol).