Conclusion of a European Convention on the liability of innkeepers for loss or injury to goods brought to inns by guests

Recommendation 125 (1957)

Author(s):

Parliamentary Assembly

Origin

(see Doc. 585, draft Recommendation presented by the Committee on Legal and Administrative Questions and Report of the Committee submitted by Mr. Paget). This Recommendation was adopted by the Assembly at its 37th Sitting, on 11th January 1957

The Assembly,

Considering that the Committee of Ministers are, within the framework of the Programme of Work, studying the possibility of unifying and harmonising the laws of Member States ;

Considering that they have said that they would welcome the Assembly's proposals in this connection (Document 238, paragraph 87) ;

Considering that the Assembly has expressed the view that the law affecting the liability of innkeepers was a suitable subject for a beginning to be made on the work of unifying the laws of Member States ;

Having examined the draft uniform law and other preparatory work begun before the war by the International Institute for the Unification of Private Law in Rome on this question ;

Having seen the report of the British Law Reform Committee which considered the work of the International Institute and having noted that an Act based on this report has been passed in the United Kingdom substantially in conformity with the proposals of the Institute ;

Recognising that the increase in international travel makes it desirable for the other Member States to adopt a law similar to the British Act,

Recommends to the Committee of Ministers :

1 that they should appoint a Committee of Experts to prepare, on the basis of the draft uniform law drawn up in 1932 by the International Institute for the Unification of Private Law in Rome and of the British Hotel Proprietors' Act, 1956, which is based on the work of the Institute, a European convention setting out a uniform law on the liability of innkeepers ;

2 that authority should be given, as on similar occasions previously, for a joint meeting to be held in due course between the appropriate Sub committee of the Assembly Committee on Legal and Administrative Questions, on the one hand, and the Committee of Experts, or a sub committee thereof, on the other ;

3 that the draft Convention should be communicated to the Assembly for an opinion before it is signed by Member Governments.