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(Geneva Convention) |
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Whereas the International
Civil Aviation Conference, held at Whereas it is highly desirable
in the interest of the future expansion of international civil aviation that
rights in aircraft be recognised internationally, The Undersigned, duly authorized, Have Agreed, on behalf of their
respective Governments, As Follows: Article I (1) The Contracting
States undertake to recognise: (a) rights of property
in aircraft; (b) rights to acquire
aircraft by purchase coupled with possession of the aircraft; (c) rights to possession
of aircraft under leases of six months or more; (d) mortgages, hypotheques and similar rights in aircraft which are
contractually created as security for payment of an indebtedness; provided that such rights (i) have been constituted in accordance with the law of the
(ii) are
regularly recorded in a public record of the The regularity of successive recordings in
different Contracting States shall be determined in accordance with the law
of the State where the aircraft was registered as to nationality at the time
of each recording. (2) Nothing in this
Convention shall prevent the recognition of any right in aircraft under the
law of any Article II (1) All recordings
relating to a given aircraft must appear in the same record. (2) Except as otherwise
provided in this Convention, the effects of the recording of any right
mentioned in Article I, paragraph (1), with regard to third parties shall be
determined according to the law of the (3) A Article III (1) The address of the
authority responsible for maintaining the record must be shown on every aircraft's
certificate of registration as to nationality. (2) Any person shall be
entitled to receive from the authority duly certified copies or extracts of
the particulars recorded. Such copies or extracts shall constitute prima
facie evidence of the contents of the record. (3) If the law of a (4) Reasonable charges
may be made for services performed by the authority maintaining the record. Article IV (1) In the event that
any claims in respect of: (a) compensation due for
salvage of the aircraft, or (b) extraordinary
expenses indispensable for the preservation of the aircraft give rise, under
the law of the (2) The rights
enumerated in paragraph (1) shall be satisfied in the inverse order of the
dates of the incidents in connexion with which they have arisen. (3) Any of the said
rights may, within three months from the date of the termination of the
salvage or preservation operations, be noted on the record. (4) The said rights
shall not be recognised in other Contracting States after expiration of the
three months mentioned in paragraph (3) unless, within this period, (a) the right has been
noted on the record in conformity with paragraph (3), and (b) the amount has been
agreed upon or judicial action on the right has been commenced. As far as
judicial action is concerned, the law of the forum shall determine the
contingencies upon which the three months period may be interrupted or
suspended. (5) This Article shall
apply notwithstanding the provisions of Article I, paragraph (2). Article V The priority of a right mentioned in Article
I, paragraph (1) (d), extends to all sums thereby secured. However, the
amount of interest included shall not exceed that accrued during the three years
prior to the execution proceedings together with that accrued during the
execution proceedings. Article VI In case of attachment or sale of an aircraft
in execution, or of any right therein, the Contracting States shall not be obliged
to recognise, as against the attaching or executing creditor or against the
purchaser, any right mentioned in Article I, paragraph (1), or the transfer
of any such right, if constituted or effected with knowledge of the sale or
execution proceedings by the person against whom the proceedings are
directed. Article VII (1) The proceedings of
a sale of an aircraft in execution shall be determined by the law of the (2) The following
provisions shall however be observed: (a) the date and place
of the sale shall be fixed at least six weeks in advance. (b) the executing
creditor shall supply to the Court or other competent authority a certified
extract of the recordings concerning the aircraft. He shall give public
notice of the sale at the place where the aircraft is registered as to
nationality, in accordance with the law there applicable, at least one month
before the day fixed, and shall concurrently notify by registered letter, if
possible by air mail, the recorded owner and the holders of recorded rights
in the aircraft and of right noted on the record under Article IV, paragraph
(3), according to their addresses as shown on the record. (3) The consequences of
failure to observe the requirements of paragraph (2) shall be as provided by
the law of the (4) No sale in
execution can be effected unless all rights having priority over the claim of
the executing creditor in accordance with this Convention which are
established before the competent authority, are covered by the proceeds of
sale or assumed by the purchaser. (5) When injury or
damage is caused to persons or property on the surface of the Contracting
State where the execution sale takes place, by any aircraft subject to any right
referred to in Article I held as security for an indebtedness, unless
adequate and effective insurance by a State or an insurance undertaking in
any State has been provided by or on behalf of the operator to cover such
injury or damage, the national law of such Contracting State may provide in
case of the seizure of such aircraft or any other aircraft owned by the same
person and encumbered with any similar right held by the same creditor: (a) that the provisions
of paragraph (4) above shall have no effect with regard to the person
suffering such injury or damage or his representative if he is an executing
creditor; (b) that any right
referred to in Article I held as security for an indebtedness encumbering the
aircraft may not be set up against any person suffering such injury or damage
or his representative in excess of an amount equal to 80% of the sale price. In the absence of other limit established by
the law of the (6) Costs legally
chargeable under the law of the Contracting State where the sale takes place,
which are incurred in the common interest of creditors in the course of
execution proceedings leading to sale, shall be paid out of the proceeds of
sale before any claims, including those given preference by Article IV. Article VIII Article IX Except in the case of a sale in execution in
conformity with the provisions of Article VII, no transfer of an aircraft
from the nationality register or the record of a Article X (1) If a recorded right
in an aircraft of the nature specified in Article I, and held as security for
the payment of an indebtedness, extends, in conformity with the law of the
Contracting State where the aircraft is registered, to spare parts stored in
a specified place or places, such right shall be recognised by all
Contracting States, as long as the spare parts remain in the place or places
specified, provided that, an appropriate public notice, specifying the description
of the right, the name and address of the holder of this right and the record
in which such right is, recorded, is exhibited at the place where the spare
parts are located, so as to give due notification to third parties that such
spare parts are encumbered. (2) A statement
indicating the character and the approximate number of such spare parts shall
be annexed to or included in the recorded document. Such parts may be
replaced by similar parts without affecting the right of the creditor. (3) The provisions of
Article VII, paragraphs (1) and (4), and of Article VIII shall apply to a
sale of spare parts in execution. However, where the executing creditor is an
unsecured creditor, paragraph 4 of Article VII in its application to such a
sale shall be construed so as to permit the sale to take place if a bid is
received in an amount not less than two-thirds of the value of the spare
parts as determined by experts appointed by the authority responsible for the
sale. Further, in the distribution of the proceeds of sale, the competent
authority may, in order to provide for the claim of the executing creditor,
limit the amount payable to holders of prior rights to two-thirds of such
proceeds of sale after payment of the costs referred to in Article VII,
paragraph (6). (4) For the purpose of
this Article the term " spare parts " means parts of aircraft,
engines, propellers, radio apparatus, instruments, appliances, furnishings,
parts of any of the foregoing, and generally any other articles of whatever
description maintained for installation in aircraft in substitution for parts
or articles removed. Article XI (1) The provisions of
this Convention shall in each (2) Each (a) the provisions of
Articles II, III, IX, and (b) the provisions of
Article IV, unless the salvage or preservation operations have been terminated
within its own territory. Article XII Nothing in this Convention shall prejudice
the right of any Article XIII This Convention shall not apply to aircraft
used in military, customs or police services. Article XIV For the purpose of this Convention, the
competent judicial and administrative authorities of the Contracting States
may, subject to any contrary provision in their national law, correspond
directly with each other. Article XV The Contracting States shall take such
measures as are necessary for the fulfilment of the provisions of this
Convention and shall forthwith inform the Secretary General of the
International Civil Aviation Organization of these measures. Article XVI For the purposes of this Convention the term
" aircraft " shall include the airframe, engines, propellers, radio
apparatus, and all other articles intended for use in the aircraft whether
installed therein or temporarily separated therefrom. Article XVII If a separate register of aircraft for
purposes of nationality is maintained in any territory for whose foreign
relations a Contracting State is responsible, references in this Convention
to the law of the Contracting State shall be construed as references to the
law of that territory. Article XVIII This Convention shall remain open for
signature until it comes into force in accordance with the provisions of
Article XX. Article XIX (1) This Convention
shall be subject to ratification by the signatory States. (2) The instruments of
ratification shall be deposited in the archives of the International Civil
Aviation Organization which shall give notice of the date of deposit to each
of the signatory and adhering states. Article XX (1) As soon as two of
the signatory States have deposited their instruments of ratification of this
Convention, it shall come into force between them on the ninetieth day after
the date of the deposit of the second instrument of ratification. It shall
come into force, for each State which deposits its instrument of ratification
after that date, on the ninetieth day after the deposit of its instrument of
ratification. (2) The International
Civil Aviation Organization shall give notice to each signatory State of the
date on which this Convention comes into force. (3) As soon as this
Convention comes into force, it shall be registered with the United Nations
by the Secretary General of the International Civil Aviation Organization. Article XXI (1) This Convention
shall, after it has come into force, be open for adherence by non-signatory
States. (2) Adherence shall be
effected by the deposit of an instrument of adherence in the archives of the
International Civil Aviation Organization, which shall give notice of the
date of the deposit to each signatory and adhering State. (3) Adherence shall
take effect as from the ninetieth day after the date of the deposit of the
instrument of adherence in the archives of the International Civil Aviation
Organization. Article XXII (1) Any Contracting
State may denounce this Convention by notification of denunciation to the
International Civil Aviation Organization, which shall give notice of the
date of receipt of such notification to each signatory and adhering State. (2) Denunciation shall
take effect six months after the date of receipt by the International Civil
Aviation Organization of the notification of denunciation. Article XXIII (1) Any State may at
the time of deposit of its instrument of ratification or adherence, declare
that its acceptance of this Convention does not apply to any one or more of
the territories for the foreign relations of which such State is responsible. (2) The International
Civil Aviation Organization shall give notice of any such declaration to each
signatory and adhering State. (3) With the exception
of territories in respect of which a declaration has been made in accordance
with paragraph (1) of this Article, this Convention shall apply to all
territories for the foreign relations of which a Contracting State is
responsible. (4) Any State may
adhere to this Convention separately on behalf of all or any of the
territories regarding which it has made a declaration in accordance with
paragraph (1) of this Article and the provisions of paragraphs (2) and (3) of
Article XXI shall apply to such adherence. (5) Any Contracting
State may denounce this Convention, in accordance with the provisions of
Article XXII, separately for all or any of the territories for the foreign
relations of which such State is responsible. In Witness Whereof the undersigned
Plenipotentiaries, having been duly authorized, have signed this Convention. Done at Geneva, on the nineteenth
day of the month of June of the year one thousand nine hundred and
forty-eight in the English, French and Spanish languages, each text being of
equal authenticity. This Convention shall be deposited
in the archives of the International Civil Aviation Organization where, in
accordance with Article XVIII, it shall remain open for signature. End |
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Montreal
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