Publication: Magyar Közlöny
Issue: MK-2006-128 (Year: 2006, Number: 128)
Era: 2004-2010
Section: 217/1998. (XII. 30.) Korm. rendelet
Paragraph Index: 2535

h) other systems of uniform law elaborated by the Organisation pursuant to Article 2 § 2, letter a), also forming Appendices to the Convention. § 2 The Uniform Rules, the Regulation and the systems listed in § 1, including their Annexes, shall form an integral part of the Convention. Article 7 Definition of the expression „Convention” In the following provisions the expression „Convention” covers the Convention itself, the Protocol referred to in article 1 § 4 and the Appendices referred to in Article 6, including their Annexes. Title II COMMON PROVISIONS Article 8 National law § 1 When interpreting and applying the Convention, its character of international law and the necessity to promote uniformity shall be taken into account. § 2 In the absence of provisions in the Convention, national law shall apply. § 3 „National law” means the law of the State in which the person entitled asserts his rights, including the rules relating to conflict of laws. Article 9 Unit of account § 1 The unit of account referred to in the Appendices shall be the Special Drawing Right as defined by the International Monetary Fund. § 2 The value in Special Drawing Rights of the national currency of a Member State which is a member of the International Monetary Fund shall be calculated in accordance with the method applied by the International Monetary Fund for its own operations and transactions. § 3 The value in Special Drawing Rights of the national currency of a Member State which is not a member of the International Monetary Fund shall be calculated by the method determined by that State. This calculation must express in the national currency a real value as close as possible to that which would result from the application of § 2. § 4 For a Member State which is not a member of the International Monetary Fund and whose legislation does not permit the application of § 2 or § 3 above, the unit of account referred to in the Appendices shall be deemed to be equal to three gold francs. The gold franc is defined as 10/31 of a gramme of gold of millesimal fineness 900. The conversion of the gold franc must express in the national currency a real value as close as possible to that which would result from the application of § 2. § 5 Within three months after the entry into force of the Convention and each time that a change occurs in their method of calculation or in the value of their national currency in relation to the unit of account, States shall 2006/128. szám notify the Secretary General of their method of calculation in accordance with § 3 or of the results of the conversion in accordance with § 4. The latter shall inform the Member States of these notifications. § 6 An amount expressed in units of account shall be converted into the national currency of the State of the court or tribunal seized. The conversion shall be made in accordance with the value of the corresponding currency on the day of the judicial decision or on the day agreed between the parties. Article 10 Supplementary provisions § 1 Two or more Member States or two or more carriers may agree supplementary provisions for the execution of the CIV Uniform Rules and the CIM Uniform Rules; they may not derogate from these Uniform Rules. § 2 The supplementary provisions referred to in § 1 shall be put into force and published in the manner required by the laws and prescriptions of each State. The supplementary provisions of States and their coming into force shall be notified to the Secretary General. He shall inform the Member States of these notifications. Article 11 Security for costs Security for costs cannot be required in proceedings founded on the CIV Uniform Rules, the CÍM Uniform Rules, the CUV Uniform Rules or the CUI Uniform Rules. Article 12 Execution of judgments. Attachment § 1 Judgments pronounced by the competent court or tribunal pursuant to the provisions of the Convention after trial or by default shall, when they have become enforceable under the law applied by that court or tribunal, become enforceable in each of the other Member States on completion of the formalities required in the State where enforcement is to take place. The merits of the case shall not be subject to review. These provisions shall apply also to judicial settlements. § 2 § 1 shall apply neither to judgments which are provisionally enforceable, nor to awards of damages in addition to costs against a plaintiff who fails in his action. § 3 Debts arising from a transport operation subject to the CIV Uniform Rules or the CÍM Uniform Rules, owed to one transport undertaking by another transport undertaking not under the jurisdiction of the same Member State, may only be attached under a judgment given by the judicial authority of the Member State which has jurisdiction over the undertaking entitled to payment of the debt sought to be attached. § 4 Debts arising from a contract subject to the CUV Uniform Rules or the CUI Uniform Rules may only be attached under a judgment given by the judicial authority of the Member State which has jurisdiction over the undertaking entitled to payment of the debts sought to be attached. § 5 Railway vehicles may only be seized on a territory other than that of the Member State in which the keeper has its registered office, under a judgment given by the judicial authority of that State. The term „keeper” means the person who, being the owner or having the right to dispose of it, exploits the railway vehicle economically in a permanent manner as a means of transport. Title III STRUCTURE AND FUNCTIONING Article 13 Organs § 1 The functioning of the Organisation shall be ensured by the following organs:

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