Budapest évkönyve. Hiteles czim és lakjegyzék 1898 (Budapest)

Tolnay Budapest évkönyve. Hiteles czim és lakjegyzék 1898. - I. szakasz. Az Uralkodóház, Országgyűlés, Hatóságok, Nyilvános és magánintézetek, Tanintézetek, Egyesületek stb. Tiszti czímtára - III. rész. A m. kir. ministeriumok és az azok szakköréhez tartozó hatóságok, intézetek, közegek stb.

ílt. Résé.

Kereskedelmi ministerium.

account those freight-differences which exist on one hand between the freight-rates of the forwarding and receiving- station & on the other hand between the parity-stations of the contract and the receiving station.

[' Has,, however, the direction of forwarding been fixed in the contract, those freight-eifferences have to be mutually brought into account, regardless the actual direction taken [in iorwarding the goods, which exist on one hand between the parity-and receiving stations named in the contract, on the other hand between the actual forwarding station and the receiving-station named in the contract.

At the mutual settlements the general freight-tarif and rates of deduction serve as a basis.

§. 53.

Are the goods to be sent from any station of the forwarding enterprise and the seller sending them to the buyer according to the agreement, the weight has to be proved by an official certificate of weighing, issued by the resp. authorities of the forwarding-station.

Did the seller however miss to have it weighed officially, the buyer is entitled to ask for official statement of the weight at the receiving-station; but in the latter case the seller is not responsible for the loss of weight, allowed by the regulations of the resp. forwarding-enterprise,

Has, however the receiver neither taken an official statement of weight in the bill of lading serves as basis for the mutual accounting.

This regulations don’t lose validity eveu if the official weighing of the forwarding-or recéiving station serves as a basis for the mutual account.

VII. Delays.

§• 54.

In cases of delaying of the delivery resp. of the receiving, the party keeping the contract is entitled at it’s discretion:

a) To hold the delaying party to the fulfilment of the contract and to the indemnification for his losses resulting from the delay;

b) To desist from the contract altogether;

c) To buy resp. to sell the goods mentioned in the contract for account of the delaying party and to claim the differences between the price agreed upon in the contract and the buying resp. selling one, likwise his provable damages and the reimbursement of his expenses;

d) To claim from the delaying party —• without effecting a forced purchase resp. sale — the difference that should arise between the price agreed upon and the average market resp. exchange price ;

e) To claim for his provable damage and a compensation for his lost chances of gains.

§. 55.

The party keeping the contract is however obliged to inform the delaying one by a registered letter latest on the second weekday after delay, as to which of the rights entitled to by the articles a—e of the § 54 he wants to enforce against it.

This information can, however, also be sent by the Secretary of Exchange or by a person authorized hereto.

§• 56.

Has the party adhering to the contract made it’s choice

concerning the rights entitled to by § 54, it must also stick to same.

§• 57.

The claim for fulfilment of the* contract ceases has such not been made officially by the parly keeping the contract, within 30 days.

§. 58.

In case of mutually desisting from the contract, the received earnest money and advances have to be repaid immediately.

Has the contract to be fulfilled at various terms, the desisting has reference neither to the obligations already wound up, nor to those becoming due later.

§• 59.

The forced purchase, resp. sale has to be effected, latest on the first weekday following the day of advice mentioned in § 55., with the care to be expected from a respectable merchant but the resp. prices of the day are surely to be considered.

Should these rules however be neglected, the forced purchase, resp sale cannot be considered as effected for account of the delaying party, while the differences between the price agreed upon and the one of the forced purchase resp. sale, are alsó in such case to be paid by the delaying party.

The „plus“ resulting from the forced purchase resd. sale in favor of the delaying party, has to be remitted without delay to the resp. party.

VIII. Insolvencies.

§• 60.

With the exception of bankruptcy which is liable lo the, General Laws of the respective country, insolvencies on the Exchange resp. arising from transactions, entered into according to the usances of the Exchange, can be considered as existing:

a) If the resp. person itself declares lo be insolvent:

b) if the resp. person slops payments or asks for respite or negotiates with his creditors for allowances ;

c) if an execution has been vainly effected on the debtor..

d) if the Council of Exchange declares the insolvency either in consequence of a statement of the Settlement office of the Merchandise-Exchange or supportedby such provable facts, from which the insolvency appears distinctly.

§. 61.

Should either one of the contracting parties become insolvent before expiration of the term of fulfilment fixed by the contract, the other party is entitled to ask, latest at the noonex change after the day it was informed, from the. insolvent contracting party, covering, for the day of expiration, further the higher purchase resp. lower selling differences as well, as the compensation for his expenses arisen by the eecutxional purchase resp. — sale.

IX. Rules as to Time-bargains (Futures).

§. 62.

The special regulations relating to „Futures“ are appliable at such purchase & sale-contracts referring to grams, oil