I Série n.º 104/2015 — Suplemento n.º 17

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Edição I Série n.º 104/2015

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Texto do artigo · p. 97 Article 34 — Recognition and enforcement of judgements

Número ou marcador · p. 97 1. Subject to the provisions of this Article, judgements entered by a competent court under Article 32 after trial, or by default, shall when they are enforceable in the State Party of that court be enforceable in any other State Party as soon as the formalities required by that State Party have been complied with.

Número ou marcador · p. 97 2. The merits of the case shall not be reopened in any application for recognition or enforcement under this Article.

Número ou marcador · p. 97 3. Recognition and enforcement of a judgement may be refused if: (a) its recognition or enforcement would be manifestly contrary to public policy in the State Party where recognition or enforcement is sought; (b) the defendant was not served with notice of the proceedings in such time and manner as to allow him or her to prepare and submit a defence; (c) it is in respect of a cause of action which had already, as between the same parties, formed the subject of a judgement or an arbitral award which is recognized as final and conclusive under the law of the State Party where recognition or enforcement is sought; (d) the judgement has been obtained by fraud of any of the parties; or (e) the right to enforce the judgement is not vested in the person by whom the application is made.

Número ou marcador · p. 97 4. Recognition and enforcement of a judgement may also be refused to the extent that the judgement awards damages, including exemplary or punitive damages, that do not compensate a third party for actual harm suffered.

Número ou marcador · p. 97 5. Where a judgement is enforceable, payment of any court costs and other expenses incurred by the plaintiff, including interest recoverable under the judgement, shall also be enforceable.

Texto do artigo · p. 98 Article 35 — Regional and multilateral agreements on the recognition and enforcement of judgements

Número ou marcador · p. 98 1. States Parties may enter into regional and multilateral agreements regarding the recognition and enforcement of judgements consistent with the objectives of this Convention, provided that such agreements do not result in a lower level of protection for any third party or defendant than that provided for in this Convention.

Número ou marcador · p. 98 2. States Parties shall inform each other, through the Depositary, of any such regional or multilateral agreements that they have entered into before or after the date of entry into force of this Convention.

Número ou marcador · p. 98 3. The provisions of this Chapter shall not affect the recognition or enforcement of any judgement pursuant to such agreements.

Texto do artigo · p. 98 Article 36 — Period of limitation

Número ou marcador · p. 98 1. The right to compensation under Article 3 shall be extinguished if an action is not brought within two years from the date of the event which caused the damage.

Número ou marcador · p. 98 2. The right to compensation under Article 18 shall be extinguished if an action is not brought, or a notification pursuant to Article 33, paragraph 3, is not made, within two years from the date of the event which caused the damage.

Número ou marcador · p. 98 3. The method of calculating such two-year period shall be determined in accordance with the law of the court seised of the case.

Texto do artigo · p. 98 Article 37 — Death of person liable

Texto do artigo · p. 98 In the event of the death of the person liable, an action for damages lies against those legally representing his or her estate and is subject to the provisions of this Convention.

Texto do artigo · p. 98 Chapter VIII Final clauses

Texto do artigo · p. 98 Article 38 — Signature, ratification, acceptance, approval or accession

Número ou marcador · p. 98 1. This Convention shall be open for signature in Montréal on 2 May 2009 by States participating in the International Conference on Air Law held at Montréal from 20 April to 2 May 2009. After 2 May 2009, the Convention shall be open to all States for signature at the headquarters of the International Civil Aviation Organization in Montréal until it enters into force in accordance with Article 40.

Número ou marcador · p. 99 2. This Convention shall be subject to ratification by States which have signed it.

Número ou marcador · p. 99 3. Any State which does not sign this Convention may accept, approve or accede to it at any time.

Número ou marcador · p. 99 4. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated the Depositary.

Texto do artigo · p. 99 Article 39 — Regional Economic Integration Organizations

Número ou marcador · p. 99 1. A Regional Economic Integration Organization which is constituted by sovereign States and has competence over certain matters governed by this Convention may similarly sign, ratify, accept, approve or accede to this Convention. The Regional Economic Integration Organization shall in that case have the rights and obligations of a State Party, to the extent that the Organization has competence over matters governed by this Convention. Where the number of States Parties is relevant in this Convention, including in respect of Article 10, the Regional Economic Integration Organization shall not count as a State Party in addition to its Member States which are States Parties.

Número ou marcador · p. 99 2. The Regional Economic Integration Organization shall, at the time of signature, ratification, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by this Convention in respect of which competence has been transferred to that Organization by its Member States. The Regional Economic Integration Organization shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.

Número ou marcador · p. 99 3. Any reference to a “State Party” or “States Parties” in this Convention applies equally to a Regional Economic Integration Organization where the context so requires.

Texto do artigo · p. 99 Article 40 — Entry into force

Número ou marcador · p. 99 1. This Convention shall enter into force on the one hundred and eightieth day after the deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession on condition, however, that the total number of passengers departing in the previous year from airports in the States that have ratified, accepted, approved or acceded is at least 750 000 000 as appears from the declarations made by ratifying, accepting, approving or acceding States. If, at the time of deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession this condition has not been fulfilled, the Convention shall not come into force until the one hundred and eightieth day after this condition shall have been satisfied. An instrument deposited by a Regional Economic Integration Organization shall not be counted for the purpose of this paragraph.

Número ou marcador · p. 99 2. This Convention shall come into force for each State ratifying, accepting, approving or acceding after the deposit of the last instrument of ratification, acceptance, approval or accession necessary for entry into force of this Convention on the ninetieth day after the deposit of its instrument of ratification, acceptance, approval or accession.

Número ou marcador · p. 99 3. At the time of deposit of its instrument of ratification, acceptance, approval or accession a State shall declare the total number of passengers that departed on international commercial flights

Texto do artigo · p. 100 from airports in its territory in the previous year. The declaration at Article 2, paragraph 2, shall include the number of domestic passengers in the previous year and that number shall be counted for the purposes of determining the total number of passengers required under paragraph 1.

Número ou marcador · p. 100 4. In making such declarations a State shall endeavour not to count a passenger that has already departed from an airport in a State Party on a journey including one or more stops or transfers. Such declarations may be amended from time to time to reflect passenger numbers in subsequent years. If a declaration is not amended, the number of passengers shall be presumed to be constant.

Texto do artigo · p. 100 Article 41 — Denunciation

Número ou marcador · p. 100 1. Any State Party may denounce this Convention by written notification to the Depositary.

Número ou marcador · p. 100 2. Denunciation shall take effect one year following the date on which notification is received by the Depositary; in respect of damage contemplated in Article 3 arising from events which occurred before the expiration of the one year period and the contributions required to cover such damage, the Convention shall continue to apply as if the denunciation had not been made.

Texto do artigo · p. 100 Article 42 — Termination

Número ou marcador · p. 100 1. This Convention shall cease to be in force on the date when the number of States Parties falls below eight or on such earlier date as the Conference of Parties shall decide by a two-thirds majority of States that have not denounced the Convention.

Número ou marcador · p. 100 2. States which are bound by this Convention on the day before the date it ceases to be in force shall enable the International Fund to exercise its functions as described under Article 43 of this Convention and shall, for that purpose only, remain bound by this Convention.

Texto do artigo · p. 100 Article 43 — Winding up of the International Fund

Número ou marcador · p. 100 1. If this Convention ceases to be in force, the International Fund shall nevertheless: (a) meet its obligations in respect of any event occurring before the Convention ceased to be in force and of any credits obtained pursuant to paragraph 4 of Article 17 while the Convention was still in force; and (b) be entitled to exercise its rights to contributions to the extent that these contributions are necessary to meet the obligations under subparagraph (a), including expenses for the administration of the International Fund necessary for this purpose.

Número ou marcador · p. 100 2. The Conference of Parties shall take all appropriate measures to complete the winding up of the International Fund including the distribution in an equitable manner of any remaining assets for a purpose consonant with the aims of this Convention or for the benefit of those persons who have contributed to the International Fund.

Número ou marcador · p. 101 3. For the purposes of this Article, the International Fund shall remain a legal person.

Texto do artigo · p. 101 Article 44 — Relationship to other treaties

Número ou marcador · p. 101 1. The rules of this Convention shall prevail over any rules in the following instruments which would otherwise be applicable to damage covered by this Convention:

Texto do artigo · p. 101 (a) the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, Signed at Rome on 7 October 1952; or (b) the Protocol to Amend the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, Signed at Rome on 7 October 1952, Signed at Montréal on 23 September 1978.

Texto do artigo · p. 101 Article 45 — States with more than one system of law

Número ou marcador · p. 101 1. If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

Número ou marcador · p. 101 2. Any such declaration shall be notified to the Depositary and shall state expressly the territorial units to which the Convention applies.

Número ou marcador · p. 101 3. For a declaration made under Article 2, paragraph 2, by a State Party having two or more territorial units in which different systems of law are applicable, it may declare that this Convention shall apply to damage to third parties that occurs in all its territorial units or in one or more of them and may modify this declaration by submitting another declaration at any time.

Número ou marcador · p. 101 4. In relation to a State Party which has made a declaration under this Article:

Texto do artigo · p. 101 (a) the reference in Article 6 to “the law of the State” shall be construed as referring to the law of the relevant territorial unit of that State; and (b) references in Article 30 to “national currency” shall be construed as referring to the currency of the relevant territorial unit of that State.

Texto do artigo · p. 101 Article 46 — Reservations and declarations

Número ou marcador · p. 101 1. No reservation may be made to this Convention but declarations authorized by Article 2, paragraph 2, Article 39, paragraph 2, Article 40, paragraph 3, and Article 45 may be made in accordance with these provisions.

Número ou marcador · p. 102 2. Any declaration or any withdrawal of a declaration made under this Convention shall be notified in writing to the Depositary.

Texto do artigo · p. 102 Article 47 — Functions of the Depositary The Depositary shall promptly notify all signatories and States Parties of:

Texto do artigo · p. 102 (a) each new signature of this Convention and the date thereof; (b) each deposit of an instrument of ratification, acceptance, approval or accession and the date thereof; (c) the date of entry into force of this Convention; (d) the date of the coming into force of any revision of the limits of liability established under this Convention; (e) each declaration or modification thereto, together with the date thereof; (f) the withdrawal of any declaration and the date thereof; (g) any denunciation together with the date thereof and the date on which it takes effect; and (h) the termination of the Convention.

Texto do artigo · p. 102 IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention.

Texto do artigo · p. 102 DONE at Montréal on the 2nd day of May of the year two thousand and nine in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another. This Convention shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Depositary to all Contracting States to this Convention, as well as to all States Parties to the Convention and Protocol referred to in Article 44.

Parágrafo · p. 102 Preço — 178,50 IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.

Fonte textual acessível

Texto do artigo, página 97: Article 34 — Recognition and enforcement of judgements
Número ou marcador, página 97: 1. Subject to the provisions of this Article, judgements entered by a competent court under Article 32 after trial, or by default, shall when they are enforceable in the State Party of that court be enforceable in any other State Party as soon as the formalities required by that State Party have been complied with.
Número ou marcador, página 97: 2. The merits of the case shall not be reopened in any application for recognition or enforcement under this Article.
Número ou marcador, página 97: 3. Recognition and enforcement of a judgement may be refused if: (a) its recognition or enforcement would be manifestly contrary to public policy in the State Party where recognition or enforcement is sought; (b) the defendant was not served with notice of the proceedings in such time and manner as to allow him or her to prepare and submit a defence; (c) it is in respect of a cause of action which had already, as between the same parties, formed the subject of a judgement or an arbitral award which is recognized as final and conclusive under the law of the State Party where recognition or enforcement is sought; (d) the judgement has been obtained by fraud of any of the parties; or (e) the right to enforce the judgement is not vested in the person by whom the application is made.
Número ou marcador, página 97: 4. Recognition and enforcement of a judgement may also be refused to the extent that the judgement awards damages, including exemplary or punitive damages, that do not compensate a third party for actual harm suffered.
Número ou marcador, página 97: 5. Where a judgement is enforceable, payment of any court costs and other expenses incurred by the plaintiff, including interest recoverable under the judgement, shall also be enforceable.
Texto do artigo, página 98: Article 35 — Regional and multilateral agreements on the recognition and enforcement of judgements
Número ou marcador, página 98: 1. States Parties may enter into regional and multilateral agreements regarding the recognition and enforcement of judgements consistent with the objectives of this Convention, provided that such agreements do not result in a lower level of protection for any third party or defendant than that provided for in this Convention.
Número ou marcador, página 98: 2. States Parties shall inform each other, through the Depositary, of any such regional or multilateral agreements that they have entered into before or after the date of entry into force of this Convention.
Número ou marcador, página 98: 3. The provisions of this Chapter shall not affect the recognition or enforcement of any judgement pursuant to such agreements.
Texto do artigo, página 98: Article 36 — Period of limitation
Número ou marcador, página 98: 1. The right to compensation under Article 3 shall be extinguished if an action is not brought within two years from the date of the event which caused the damage.
Número ou marcador, página 98: 2. The right to compensation under Article 18 shall be extinguished if an action is not brought, or a notification pursuant to Article 33, paragraph 3, is not made, within two years from the date of the event which caused the damage.
Número ou marcador, página 98: 3. The method of calculating such two-year period shall be determined in accordance with the law of the court seised of the case.
Texto do artigo, página 98: Article 37 — Death of person liable
Texto do artigo, página 98: In the event of the death of the person liable, an action for damages lies against those legally representing his or her estate and is subject to the provisions of this Convention.
Texto do artigo, página 98: Chapter VIII Final clauses
Texto do artigo, página 98: Article 38 — Signature, ratification, acceptance, approval or accession
Número ou marcador, página 98: 1. This Convention shall be open for signature in Montréal on 2 May 2009 by States participating in the International Conference on Air Law held at Montréal from 20 April to 2 May 2009. After 2 May 2009, the Convention shall be open to all States for signature at the headquarters of the International Civil Aviation Organization in Montréal until it enters into force in accordance with Article 40.
Número ou marcador, página 99: 2. This Convention shall be subject to ratification by States which have signed it.
Número ou marcador, página 99: 3. Any State which does not sign this Convention may accept, approve or accede to it at any time.
Número ou marcador, página 99: 4. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated the Depositary.
Texto do artigo, página 99: Article 39 — Regional Economic Integration Organizations
Número ou marcador, página 99: 1. A Regional Economic Integration Organization which is constituted by sovereign States and has competence over certain matters governed by this Convention may similarly sign, ratify, accept, approve or accede to this Convention. The Regional Economic Integration Organization shall in that case have the rights and obligations of a State Party, to the extent that the Organization has competence over matters governed by this Convention. Where the number of States Parties is relevant in this Convention, including in respect of Article 10, the Regional Economic Integration Organization shall not count as a State Party in addition to its Member States which are States Parties.
Número ou marcador, página 99: 2. The Regional Economic Integration Organization shall, at the time of signature, ratification, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by this Convention in respect of which competence has been transferred to that Organization by its Member States. The Regional Economic Integration Organization shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.
Número ou marcador, página 99: 3. Any reference to a “State Party” or “States Parties” in this Convention applies equally to a Regional Economic Integration Organization where the context so requires.
Texto do artigo, página 99: Article 40 — Entry into force
Número ou marcador, página 99: 1. This Convention shall enter into force on the one hundred and eightieth day after the deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession on condition, however, that the total number of passengers departing in the previous year from airports in the States that have ratified, accepted, approved or acceded is at least 750 000 000 as appears from the declarations made by ratifying, accepting, approving or acceding States. If, at the time of deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession this condition has not been fulfilled, the Convention shall not come into force until the one hundred and eightieth day after this condition shall have been satisfied. An instrument deposited by a Regional Economic Integration Organization shall not be counted for the purpose of this paragraph.
Número ou marcador, página 99: 2. This Convention shall come into force for each State ratifying, accepting, approving or acceding after the deposit of the last instrument of ratification, acceptance, approval or accession necessary for entry into force of this Convention on the ninetieth day after the deposit of its instrument of ratification, acceptance, approval or accession.
Número ou marcador, página 99: 3. At the time of deposit of its instrument of ratification, acceptance, approval or accession a State shall declare the total number of passengers that departed on international commercial flights
Texto do artigo, página 100: from airports in its territory in the previous year. The declaration at Article 2, paragraph 2, shall include the number of domestic passengers in the previous year and that number shall be counted for the purposes of determining the total number of passengers required under paragraph 1.
Número ou marcador, página 100: 4. In making such declarations a State shall endeavour not to count a passenger that has already departed from an airport in a State Party on a journey including one or more stops or transfers. Such declarations may be amended from time to time to reflect passenger numbers in subsequent years. If a declaration is not amended, the number of passengers shall be presumed to be constant.
Texto do artigo, página 100: Article 41 — Denunciation
Número ou marcador, página 100: 1. Any State Party may denounce this Convention by written notification to the Depositary.
Número ou marcador, página 100: 2. Denunciation shall take effect one year following the date on which notification is received by the Depositary; in respect of damage contemplated in Article 3 arising from events which occurred before the expiration of the one year period and the contributions required to cover such damage, the Convention shall continue to apply as if the denunciation had not been made.
Texto do artigo, página 100: Article 42 — Termination
Número ou marcador, página 100: 1. This Convention shall cease to be in force on the date when the number of States Parties falls below eight or on such earlier date as the Conference of Parties shall decide by a two-thirds majority of States that have not denounced the Convention.
Número ou marcador, página 100: 2. States which are bound by this Convention on the day before the date it ceases to be in force shall enable the International Fund to exercise its functions as described under Article 43 of this Convention and shall, for that purpose only, remain bound by this Convention.
Texto do artigo, página 100: Article 43 — Winding up of the International Fund
Número ou marcador, página 100: 1. If this Convention ceases to be in force, the International Fund shall nevertheless: (a) meet its obligations in respect of any event occurring before the Convention ceased to be in force and of any credits obtained pursuant to paragraph 4 of Article 17 while the Convention was still in force; and (b) be entitled to exercise its rights to contributions to the extent that these contributions are necessary to meet the obligations under subparagraph (a), including expenses for the administration of the International Fund necessary for this purpose.
Número ou marcador, página 100: 2. The Conference of Parties shall take all appropriate measures to complete the winding up of the International Fund including the distribution in an equitable manner of any remaining assets for a purpose consonant with the aims of this Convention or for the benefit of those persons who have contributed to the International Fund.
Número ou marcador, página 101: 3. For the purposes of this Article, the International Fund shall remain a legal person.
Texto do artigo, página 101: Article 44 — Relationship to other treaties
Número ou marcador, página 101: 1. The rules of this Convention shall prevail over any rules in the following instruments which would otherwise be applicable to damage covered by this Convention:
Texto do artigo, página 101: (a) the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, Signed at Rome on 7 October 1952; or (b) the Protocol to Amend the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, Signed at Rome on 7 October 1952, Signed at Montréal on 23 September 1978.
Texto do artigo, página 101: Article 45 — States with more than one system of law
Número ou marcador, página 101: 1. If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
Número ou marcador, página 101: 2. Any such declaration shall be notified to the Depositary and shall state expressly the territorial units to which the Convention applies.
Número ou marcador, página 101: 3. For a declaration made under Article 2, paragraph 2, by a State Party having two or more territorial units in which different systems of law are applicable, it may declare that this Convention shall apply to damage to third parties that occurs in all its territorial units or in one or more of them and may modify this declaration by submitting another declaration at any time.
Número ou marcador, página 101: 4. In relation to a State Party which has made a declaration under this Article:
Texto do artigo, página 101: (a) the reference in Article 6 to “the law of the State” shall be construed as referring to the law of the relevant territorial unit of that State; and (b) references in Article 30 to “national currency” shall be construed as referring to the currency of the relevant territorial unit of that State.
Texto do artigo, página 101: Article 46 — Reservations and declarations
Número ou marcador, página 101: 1. No reservation may be made to this Convention but declarations authorized by Article 2, paragraph 2, Article 39, paragraph 2, Article 40, paragraph 3, and Article 45 may be made in accordance with these provisions.
Número ou marcador, página 102: 2. Any declaration or any withdrawal of a declaration made under this Convention shall be notified in writing to the Depositary.
Texto do artigo, página 102: Article 47 — Functions of the Depositary The Depositary shall promptly notify all signatories and States Parties of:
Texto do artigo, página 102: (a) each new signature of this Convention and the date thereof; (b) each deposit of an instrument of ratification, acceptance, approval or accession and the date thereof; (c) the date of entry into force of this Convention; (d) the date of the coming into force of any revision of the limits of liability established under this Convention; (e) each declaration or modification thereto, together with the date thereof; (f) the withdrawal of any declaration and the date thereof; (g) any denunciation together with the date thereof and the date on which it takes effect; and (h) the termination of the Convention.
Texto do artigo, página 102: IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention.
Texto do artigo, página 102: DONE at Montréal on the 2nd day of May of the year two thousand and nine in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another. This Convention shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Depositary to all Contracting States to this Convention, as well as to all States Parties to the Convention and Protocol referred to in Article 44.
Parágrafo, página 102: Preço — 178,50 IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.

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