КОНВЕНЦИЈА О ЗАСТАРЈЕЛОСТИ ПОТРАЖИВАЊА У ОБЛАСТИ МЕЂУНАРОДНЕ ПРОДАЈЕ РОБЕ
CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS

Summary/Abstract: The Convention on the limitation period in the international sale of goods is a product of UNCITRAL's work and detailed research on the need for a supranational regulation that would uniquely regulate an issue that created major problems in transnational trade - the issue of obsolescence. In the Convention on the limitation period, obsolescence is defined as the period of time during which a party to an agreement on the international sale of goods must initiate legal proceedings against the other party in order to fulfill its claims under the contract or claims relating to breach, termination or invalidity. The Convention on the limitation period further prescribes rules on the termination and extension of the limitation period. Furthermore, the Convention on the limitation period stipulates that no claim shall be recognized or enforced in legal proceedings instituted after the expiry of the limitation period. Such emphasis shall not be taken into account unless invoked by the parties to the proceedings; however, states may declare that they do not consider themselves obliged to apply the provision of Art. 24 of the Convention. However, regardless of the expiration of the statute of limitations, each party may invoke its own claim and raise it against the other party as a means of defense or compensation.

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