Decree of the Minister for Foreign Affairs No. 15 / 1988 Coll.

Q: Is Decree of the Minister for Foreign Affairs No. 15 / 1988 Coll. still valid?

Yes, Decree of the Minister for Foreign Affairs No. 15 / 1988 Coll. is still valid and effective.

15

DECLARATION

Minister for Foreign Affairs

of 4 September 1987

concerning the Vienna Convention on Contract Law

On 23 May 1969 the Vienna Convention on Contract Law was adopted in Vienna.

The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic. The Charter on the access of the Czechoslovak Socialist Republic to the Vienna Convention on Contract Law was deposited with the Secretary-General of the United Nations on 29 July 1987, subject to the fact that the Czechoslovak Socialist Republic does not feel bound by the provisions of Article 66 of the Convention and declares, in accordance with the principle of sovereign equality of states, that in any event, the consent of all parties to the dispute to the International Court of Justice or to conciliation is necessary.

The Convention entered into force on 27 January 1980 pursuant to Article 84 (1) thereof. For the Czechoslovak Socialist Republic, it entered into force on 28 August 1987 in accordance with its Article 84 (2).

The Czech translation of the Convention is being announced simultaneously.

Minister:

Ing. Chupek v. r.

VIENNIA CONVENTION

on contract law

Preamble

States Parties to this Convention,

taking into account the fundamental role of treaties in the history of international relations,

recognising the increasing importance of treaties as a source of international law and a means of developing peaceful cooperation between nations, regardless of their state and social establishment,

Knowing that the principles of free consent, good faith and pacta sunt servanda are universally recognised,

Confirming that disputes concerning contracts must be resolved by peaceful means, like other international disputes, and in accordance with the principles of justice and international law,

Recalling the determination of the people of the United Nations to create conditions under which justice and respect for the obligations arising from the treaties can be preserved,

having regard to the principle of international law embodied in the Charter of the United Nations, such as the principle of equality of nations and their right to self-determination, the principle of sovereign equality and independence of all States, the principle of non-interference in the internal affairs of the States, the principle of prohibition of threats by force or the use of force, and the principle of universal recognition and respect for human rights and fundamental freedoms for all,

Convincing that the codification and progressive development of contract law achieved in this Convention will serve to achieve the objectives of the United Nations as declared in the Charter, such as maintaining international peace and international security, developing friendly relations between nations and implementing international cooperation,

confirming that the rules of international ordinary law will continue to govern matters which are not covered by the provisions of this Convention,

agree on the following:

INTRODUCTORY PROVISIONS

Scope of the Convention

This Convention shall apply to contracts between States.

Extracts, essences and concentrates

1. For the purposes of this Convention:

(a) "contract" is an international agreement concluded between States in a written form, governed by international law, drawn up in one or more related instruments, whatever its name is;

(b) "ratification," "acceptance," "approval," "approach" is, on a case-by-case basis, the so-called international act by which the State expresses its consent to be bound by the Treaty in the international field;

(c) "power of attorney" shall mean a document issued by the competent authority of a State authorised to represent one or more persons at the hearing, at the time of acceptance or verification of the text of the contract, to express the consent of the State to be bound by the contract or to carry out any other act relating to the contract;

(d) "reservation" shall mean a unilateral, however worded or marked declaration made by the State on the signature, ratification, acceptance or approval of the contract or access thereto by which that State intends to exclude or alter the legal effect of certain provisions of the contract in their application to that State;

(e) the State participating in the negotiations shall be the State which participated in the drafting and adoption of the text of the Treaty;

(f) "Contracting State" is a State which has given its consent to be bound by the Treaty whether or not it enters into force;

(g) "Contracting Party" means a State which has given its consent to be bound by a contract and against which the contract is in force;

(h) "third State" shall mean a State which is not a party to the contract;

(i) "international organisation" is an intergovernmental organisation.

2. The provisions of paragraph 1 on expressions used in this Convention shall not affect the use of such expressions or their meaning which may be given to them in the national law of any State.

International agreements not covered by the Convention

The fact that this Convention does not apply to international agreements negotiated between States and other bodies of international law or between such other bodies of international law, nor to international agreements which have not been negotiated in writing, shall not operate:

(a) the validity of such agreements;

(b) the application of any of the rules contained in this Convention which would apply to such agreements under international law independently of that Convention;

(c) the application of the Convention to relations between States governed by international agreements, the parties to which are also other bodies of international law.

Exclusion of the Convention's retroactive application

This Convention shall apply only to contracts concluded between States only after the Convention entered into force against them, without prejudice to any rules contained therein which apply to contracts under international law, independently of that Convention.

Contracts establishing international organisations and contracts adopted in an international organisation

This Convention shall apply to any contract which is the founding instrument of an international organisation and to any contract accepted by an international organisation, without prejudice to all relevant rules of that organisation.

CLOSURE OF THE TREATIES AND THEIR ACCESS IN FORCE

Conclusion of contracts

Eligibility of States to conclude contracts

Each State shall have the capacity to conclude contracts.

Power of attorney

1. A person shall be considered as a representative of the State for the acceptance or verification of the text of the contract or for the consent of the State to be bound by the contract:

(a) if it submits a proper mandate; or

(b) where the practice of the competent States or other circumstances indicates that it was their intention to consider the person as a representative of the State for those acts and to refrain from submitting a mandate.

2. The following shall be considered as representatives of their State for the purposes of their duties and without the presentation of a mandate:

(a) Heads of State, Government and Foreign Affairs Ministers for all acts relating to the negotiation of a contract;

(b) Head of the diplomatic mission for the adoption of the text of the contract between the sending State and the receiving State;

(c) authorised representatives of States at an international conference, with an international organisation or with one of its bodies, for the adoption of the text of the contract at that conference, in that organisation or body.

Additional confirmation of an act carried out without authorisation

An act relating to the conclusion of a contract and carried out by a person who, pursuant to Article 7, cannot be regarded as entitled to represent the State for that purpose shall be legally ineffective unless it is subsequently confirmed by that State.

Adoption of text

1. The text of the contract shall be adopted, except in the cases referred to in paragraph 2, with the agreement of all States participating in its preparation.

2. The text of the Treaty shall be adopted at an international conference by a two-thirds majority of the States present and voting, unless those States have decided by the same majority to apply a different rule.

Verification of text

The text of the contract becomes original and final:

(a) if the procedure laid down in the text or agreed by the States involved in the drafting of the contract has been maintained; or

(b) in the absence of such a procedure, by signing, signing or initialling the text of the contract or the final act of the conference containing the text, by the representatives of those States.

Means of agreeing to be bound by a contract

The consent of the State to be bound by the Treaty may be expressed by signature, exchange of documents constituting the Treaty, ratification, acceptance, approval or access to it or in any other agreed manner.

Consent to be bound by a contract expressed in signature

1. The consent of the State to be bound by the contract shall be expressed by signature of the representative of that State if:

(a) the contract provides that the signature shall have such effect;

(b) it is otherwise confirmed that the States participating in the negotiations have agreed that the signature will have this effect;

(c) the intention of the State to have such an effect arises from the mandate of its representative or expressed during the hearing.

2. For the purposes of paragraph 1:

(a) the initialling of the text shall have the effect of signing the contract if it is confirmed that the States which took part in the negotiations so agree;

(b) the signature of the contract ad referendum by the representative of the State shall have the effect of the final signature of the contract if it has been confirmed by that State.

Consent to be bound by a contract expressed in exchange for the documents constituting the contract

The consent of the States to be bound by a treaty constituting mutual instruments shall be expressed in the following exchange:

(a) where they provide that their exchange shall have such effect; or

(b) if it is otherwise confirmed that the States have agreed that the exchange of documents will have this effect.

Consent to be bound by a contract expressed in ratification, acceptance or approval

1. The consent of the State to be bound by the Treaty shall be expressed by ratification if:

(a) the Treaty provides that this consent is expressed by ratification;

(b) it is otherwise confirmed that the States which took part in the negotiations have agreed that ratification will be required;

(c) the representative of the State has signed the contract subject to ratification; or

(d) the intention of the State to sign the contract, subject to ratification, results from the mandate of its representative or has been expressed during the negotiations.

2. The consent of the State to be bound by the Treaty shall be expressed by acceptance or approval under the same conditions as for ratification.

Consent to be bound by an access contract

The consent of the State to be bound by the contract shall be expressed by the approach if:

(a) the contract provides that such consent may be expressed by that State's approach;

(b) it is otherwise confirmed that the States which took part in the negotiations have agreed that that State may give such consent through access; or

(c) all Contracting Parties later agree that such consent may be expressed by the State's approach.

Exchange or deposit of instruments of ratification, acceptance, approval or accession

Save as otherwise provided in the Treaty, instruments of ratification, acceptance, approval or accession shall give the consent of the State to be bound by the Treaty on:

(a) their exchanges between the Contracting States;

(b) their deposit with the depositary; or

(c) their notification to the Contracting States or to the depositary, if agreed.

Consent to be bound by part of the contract and choice of different provisions

1. Without prejudice to Articles 19 to 23, the consent of the State to be bound by a part of the contract shall be effective only if the contract or the other Contracting States so agree.

2. The consent of the State to be bound by a contract which allows choice between different provisions shall be effective only if the provisions to which consent relates are clearly stated.

Obligation not to thwart the object and purpose of the contract before its entry into force

The State is obliged to refrain from any action which might undermine the subject matter and purpose of the contract if:

(a) sign the contract or exchange the instruments constituting the contract, subject to ratification, acceptance or approval, until it has clearly demonstrated its intention of not being a party to the contract; or

(b) in the period preceding the entry into force of the Treaty, express its agreement to be bound by the Treaty, provided that the entry into force of the Treaty is not unduly delayed.

Reservations

Formation of reservations

The State may, when signing, ratifying, accepting, approving or accessing a contract, formulate a reservation, unless:

(a) such reservation shall be prohibited by contract;

(b) the contract provides that only certain reservations may be made which do not include such reservations;

(c) in cases not covered by points (a) and (b), such reservation is incompatible with the subject-matter and purpose of the contract.

Acceptance of reservations and objections

(1) Reservation expressly permitted by the contract shall not be required at a later date by the other Contracting States, unless the contract so provides.

2. Where it is apparent from a limited number of States participating in the negotiations and from the subject matter and purpose of the contract that its implementation as a whole by all Contracting Parties is an essential condition for each of them to agree to be bound by the contract, the reservation shall be accepted by all Contracting Parties.

3. Where the contract establishing the instrument is an international organisation and does not provide otherwise, the reservation shall be accepted by the competent authority of that organisation.

4. For cases not referred to in the preceding paragraphs and unless otherwise provided for in the contract, the following shall apply:

(a) by accepting the reservation, the State which made the reservation shall become a Contracting Party in respect of that other State if the contract is in force or enters into force for those States;

(b) the objection against the reservation raised by the other Contracting State does not prevent the Treaty from entering into force between the State which raised the objection and the State which made the reservation, unless the State which raised the objection clearly states the contrary;

(c) an act expressing the consent of the State to be bound by a contract and containing a reservation shall take effect once at least one of the other Contracting States has accepted that reservation.

5. For the purposes of paragraphs 2 and 4 and unless otherwise provided in the contract, the reservation shall be deemed to have been accepted by the State if it has not objected to the reservation within 12 months of the date on which it received the notice of reservation or the date on which it agreed to be bound by the contract, whichever is the later.

Legal effects of reservations and objections against reservations

1. Reservation made in respect of the other Contracting Party in accordance with Articles 19, 20 and 23:

(a) amend, in its relations with the other Party, the provisions of the contract to which the reservation relates, to the extent that the reservation is made; and

(b) amend those provisions to the same extent for that other Contracting Party in its relations with the State which made the reservation.

2. The reservation does not alter the provisions of the Treaty for the other Contracting Parties in their mutual relations.

3. If the State which objected to the reservation has not opposed the entry into force of the Treaty between it and the State which made the reservation, the provisions covered by the reservation shall not apply between the two States to the extent of that reservation.

Withdrawal of reservations and objections

1. Unless otherwise provided in the contract, the reservation may be withdrawn at any time without the consent of the State which accepted the reservation.

2. Unless otherwise provided in the contract, the objection to the reservation may be withdrawn at any time.

3. Unless the contract provides otherwise or unless otherwise agreed,

(a) the revocation of the reservation shall take effect against the other Contracting State on the date on which it received the notice of revocation of the reservation;

(b) the appeal against the reservation shall take effect on the date on which the State which formulated the reservation received the notice of appeal against the reservation.

Reservation procedure

The reservation, expressly accepting the reservation and the objection to the reservation must be formulated in writing and communicated to the Contracting States and other States which may become Contracting Parties.

2. Reservation formulated at the time of signature of the contract subject to ratification, acceptance or approval shall be expressly confirmed by the State which made it, when it has given its consent to be bound by the contract. In that case, the reservation shall be deemed to have been made on the date of the confirmation.

3. The express acceptance of the reservation or the objection to the reservation does not require confirmation if it was made before the reservation was confirmed.

4. The appeal or objection must be formulated in writing.

Entry into force and provisional application of contracts

Entry into force

The Treaty shall enter into force in the manner and on the date specified in its provisions or by agreement of the States which took part in the negotiations.

2. If there is no such provision or agreement, the Treaty shall enter into force when the agreement to be bound by the Treaty has been expressed by all States which have participated in the negotiations.

3. If the State agrees to be bound by the Treaty after its entry into force, the Treaty shall enter into force for that State on the date on which its consent is expressed, unless otherwise specified therein.

4. The provisions of the Treaty governing the verification of the text, the expression of the consent of States to be bound by the Treaty, the manner or date of entry into force, the reservations, the functions of the depositary, as well as other issues necessarily arising before the entry into force of the Treaty, shall be implemented as from the adoption of the text of the Treaty.

Provisional application

(1) The Treaty or part thereof shall be applied provisionally until its entry into force if:

(a) the contract provides so; or

(b) the States participating in the negotiations have agreed otherwise.

2. Unless the Treaty provides otherwise, or unless the States which took part in the negotiations have agreed otherwise, the provisional application of the Treaty or part of the Treaty in relation to a State shall cease to be a Contracting Party if that State notifies the other States between which the Treaty is provisionally applied.

ADJUSTMENT, IMPLEMENTATION AND INTERPRETATION OF THE TREATIES

Compliance with contracts

Pacta sunt servanda

Each contract in force obliges the Contracting Parties and must be implemented in good faith.

National law and compliance with contracts

A Party may not rely on the provisions of its national law as a reason for non-compliance. This rule is not prejudicial to Article 46.

Implementation of contracts

Citation	Decree of the Minister for Foreign Affairs No. 15 / 1988 Coll., on the Vienna Convention on Contract Law
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	26.02.1988
Effective from	28.08.1987
Effective until	-
Status	Valid

Decree of the Minister for Foreign Affairs on the Vienna Convention on Contract Law

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