AERONAUTIC CODIGO LAW 14.307 The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, are strongly sanctioned by LEY:

Sanctioned: July 15-1954

Promulgated: August 4-1954

ARTICLE 1 . Please note by the Law of the Nation the Aeronautical Code projected by the executive branch of the Nation, with the amendments detailed in the annexed table. ARTICLE 2 . Contact the executive branch.

Given in the Sala de Sesiones of the Argentine Congress; in Buenos Aires, on the fifteenth day of the month of July of the year a thousand nine hundred and fifty-four.

A. TESAIRE	A. J. BENITEZ
Alberto Reales	Eduardo T. Oliver

Registered under number 14.307

PLANILLA ANEXA

ARTICLE 1 ". First Paragraph, delete the words "limited in height and".

Second paragraph, add after the word "military", a comma and the words " customs and police."

Add as a third paragraph the following: "For national military aircraft, they govern only air traffic regulations, as well as the complementary ones issued by the aviation authority. Without prejudice to this when, by virtue of their specific functions, such aircraft must be removed from these provisions, they must be communicated to the competent authority in order to ensure that appropriate security measures are taken."

ARTICLE 8 ". Replace the wording of this article with the following: "Airs shall be equipped with radio-electric telecommunications devices, which shall have the corresponding license issued by the competent authority. The executive branch shall determine which aircraft may be exempt from it." ARTICLE 11. ". Sustain: "border airfield" by "international airport". ARTICLE 12. de After the word "transported", replace the wording of this article with the following: "Before departure, during flight, landing or parking in the airfield and take appropriate measures for flight safety." ARTICLE 13. de After the word "function" replaces the wording of this article with the following: "flight control services, meteorology, telecommunications and terrestrial aid facilities to protect air circulation". ARTICLE 17. ". Sustain: "border airfield" for "international airport"; and "must" for "shall." ARTICLE 19. ". Sustain: "border airfields" by "international airports." ARTICLE 24. ". Sustain: "border airfields" by "international airports." ARTICLE 27. Delete the words "temporal or eventually." ARTICLE 38. 7 Subparagraph 7: replace its wording with the following: "In general, any legal act or act that may alter or refer to the aircraft." ARTICLE 68. las Delete the words "must be Argentinean their partners, their actions of nominative character and have domicile in the country, their social headquarters". ARTICLE 69. las Delete the words "not to be part." ARTICLE 72. ". Delete the words "by exercising them the pilot of it". ARTICLE 79. Replace: "atmospheric conditions of navigability by "the weather conditions on the route". ARTICLE 80. ". First paragraph: After the word "testations", replace the wording of this paragraph with the following: "Occurred, celebrated or extended on board and send authentic copy to the competent authority". ARTICLE 85. . Replace the wording of this article with the following: "In the private airfields there must be an in charge of this function by the owner of the field of another person designated by him. It shall communicate to the competent authority the name and address of the person responsible and date of appointment". ARTICLE 109. ". Replace the wording of this article with the following: "In any aircraft that transport passengers must be carried a list, in double copy, one of which must be kept on board and presented when requested by the employees of the State that are responsible for the inspection of air traffic." ARTICLE 122. ". Add to the end the following "of Argentine nationality". ARTICLE 124. ". Add as second paragraph the following: "The priority order of the postal charge delivered for transport to those, shall be considered according to the following scale: 1o) passengers, 2o) postal charge, 3o) luggage and 4o)load". ARTICLE 139. ". First paragraph: replace: " Forty thousand pesos national currency ($ 40,000 m/n.)" with "one thousand pesos national currency (weights 80,000 m/n).

Second paragraph: replace: "equipments and goods" by "mercandies and luggage", "sixty-five pesos with sixty cents national currency ($ 75.60)" for "five hundred pesos national currency ($ 150 m/n)"; "a thousand five hundred pesos national currency ($ 1.500 m/n)" for "three thousand pesos national currency ($ 3,000 m/n).

ARTICLE 146. ". Replace: "stipulations" by "dispositions." ARTICLE 153. ". First paragraph: replace "sixty pesos national currency ($ 70 m/n)" with "size forty pesos national currency ($ 140 national currency)".

Second paragraph: replace: "six hundred and fifty thousand pesos national currency ($ 750.000 m/n)" for "a million two hundred thousand pesos national currency ($ 1,200,000 m/n.)"; and "a thousand pesos national currency ($ 40,000 m/n)" for "a thousand pesos national currency ($ 100,000 m/n).

ARTICLE 166. ". Sustain "pena" for "sanction." ARTICLE 170. ". Second paragraph: replace: "noty thousand pesos national currency" by "a thousand pesos national currency". ARTICLE 173. ". Sustained: "eight hundred thousand pesos national currency ($ 800,000 m/n)" for "two million pesos national currency ($ 20,000 national currency)" and "one million pesos national currency ($ 1 billion m/n)" for "three million pesos national currency ($3,000.000 m/n)". ARTICLE 175. ". Delete the word "commercial". PART XV. ". Replace with "Jurisdiction, Competition and Applicable Law." ARTICLE 194. ". First paragraph: replace its wording with the following: "They shall be punished with imprisonment for one to four years."

Second paragraph: replace its wording with the following: "He who conducts an aircraft without an enabling title and the official who, for failing to properly check the conditions of the driver, issues the enabling certificate, without actually meeting the necessary conditions in which he requests it; as well as the official in charge of the control of the flights that permit the performance of the same in the conditions of contravention above".

Add as final paragraph the following: "If a person is killed, the driver of the aircraft will be punished with imprisonment of two to ten years."

ARTICLE 195. ". Sustain: "franqueare" for "atravesare". ARTICLE 197. ". Replace the wording of this article with the following: "Those who do not comply with the provisions of article 126 shall be punished with imprisonment for three months to one year." ARTICLE 199. ". Replace the wording of this article with the following: "The airstorm, airfields and other aeronautical sites throughout the territory of the Republic shall be exercised by the aeronautical authority, with the exception of the security and judicial police to be in charge of the existing national police." ARTICLE 203. ". Add to the end the following: "Let them be your business." ARTICLE 204. ". Replace between the words "policial" and "other" the "y" by a "u". ARTICLE 206. Add between the words "subventions" and "other aids" the following: "in money, material". ARTICLE 207. ". Second paragraph: replace: "established in this Code" by "establishing this Code". ARTICLE 209. s Add to the end the following: "In the opposite case, the provisions contained in Article 190 will be made passive." ARTICLE 210. . Replace the wording of this article with the following: "In case of the disappearance of an aircraft, or when there are no reports on it, it will be reputed lost within three months of the date of receipt of the latest news. Persons on board the aircraft shall be presumed to have died within six months of the date on which the incident occurred or may have occurred."

A. TESAIRE	A. J. BENITEZ
Alberto H. Reales	Eduardo T. Oliver

PROJECT OF THE EXECUTIVE PODER OF NATION ON AERONAUTIC CODIGO

PART I

ARTICLE 1 . This Code will govern civil aviation in the territory of the Argentine Republic and the space that covers it unlimited in height and circumscribed by vertical lines in its perimeter.

For the purposes of this Code, it shall be understood that civil aviation is the set of activities directly or indirectly linked to the use of aircraft, excluding the military.

New Americans: Chicago Convention, article 1; Paris Convention, article 1; Uruguayan Code articles 1 and 4; Italian Navigation Code, article 3, Chilean draft article 5; Brazilian Code, article 1; preliminary draft Méndez Gonçalvez, Ruiz Moreno and García, articles 1 and 3o.

Note: Paragraph 1. The text of article 1 presupposes the adoption of the system of sovereignty over the space covered by our territory (including the Malvinas Islands and the Argentine Antarctic) could not be otherwise. All the Argentine tradition, the constitutional texts, Law 12.152 which ratified the Paris Convention of 1919, Law 12-911 (Decree 9.358/45), which in its article 2 it repeated that irrenunciable principle and Law 13. 891 which incorporates into our legislation the treaties signed in Chicago in 1944, which definitively solve that intricate problem have built a system that in no way can be abandoned. Precisely so inconceivable it would be to adopt an opposite criterion in the face of the judgment of articles 19 and 36 of the National Constitution which has been deemed superabundant to crystallize dogma in the text of this Code. The same, in article 3 and in the rest of its provisions, ratify the principle.

ARTICLE 2 . For the purposes of this Code, the territory includes jurisdictional waters.

The landing provisions apply to aquatizaje.

New Americans: Chicago, 2nd; Paris, 1st, 2nd part; Uruguay, 1st; Italy, 2nd; Chilean project, 5th; 1935, 1st "in fine", 2nd "in fine".

Note: The term "territorial waters" is considered improper. The vocablos "agua" and "territory" constitute an antilogy. That is why the article states that, for the purposes of the Code, the territory includes jurisdictional waters.

PART II

Principles of air circulation ARTICLE 3o . The takeoff, movement and landing of aircraft are free in the national territory, as soon as they are not limited in this Code.

New Americans: Chicago, 5th; Paris, 2nd; Uruguay, 50 and 51; Chilean project, 61 and 66; preliminary draft 1935, 4th; French law of 31 May 1924, article 19, 1st part.

Note: It is the application, to the internal regime, of the principle of innocent and harmless passage, of the Plurilateral Conventions of Aeronautics. In our country, it is linked to the constitutional precept of freedom to navigate, enter, remain and leave the Argentine territory that article 26 of the National Constitution recognizes.

ARTICLE 4 . No one can on account of a property right opposing the passage of an aircraft. If he has harmed him, he shall have the right to compensation.

New Americans: Uruguay, 76; Chile, 75 and 76; France, 19, 2nd part; preliminary draft 1935, 5th, 2nd part; Brazil 61.

Note: In view of the provision of article 2.513 of the Civil Code, which confers on the land owner an absolute right on the space covered by it, a legal rule is essential that allows the air circulation that authorizes the previous article, limiting the land owner's right without prejudice to being compensated where appropriate.

ARTICLE 5o . In case of war or internal shock or when public security is deemed to be compromised, the Executive Power may prohibit or limit air circulation on the Argentine territory, of the whole or of some kind of aircraft.

New Americans: Chicago, 9th; Paris, 3rd and 4th; Uruguay, 66; Italy, 793; Chile, 72 and 77; Brazil, 40; France, 20; preliminary draft 1935, 38 and 39.

Note: On this complicated aspect it has been preferred to lay down the general principle and leave the details for the particular laws on the subject, which, like Law 13.234, are sufficiently regulated.

ARTICLE 6 . The flight over certain areas of Argentinian territory may be prohibited or restricted for reasons of military, public security or other similar.

New Americans: Chicago, 9th; Paris, 3rd and 4th; Uruguay, 66; Italy, 793; Chile, 72 and 77; France, 20; preliminary draft 1935, 38 and 39.

Note: Also here is only a general principle. The present Law 13.345 and its regulations are responsible for establishing details on this subject.

ARTICLE 7 El The Executive Power may prohibit or establish under what conditions they may be transported: (a) explosives; (b) weapons and war munitions; (c) photographic apparatus; and (d) other objects or substances that are expressly specified.

In no case shall permits be granted to transport explosives or ammunition of war on aircraft leading passengers.

New Americans: Chicago, 35; Paris, 26, 27, 28 and 29; Uruguay, 68 and 69; Chile; 88; France, 33; Italy, 817; preliminary draft 1935, 40.

ARTICLE 8 . Aircraft must carry telecommunications equipment with the corresponding authorization. The executive branch shall determine which aircraft may be exempt from that.

New Americans: Chicago, 30; Paris, 14; Uruguay, 31; Chile, 86; France, 34; preliminary draft 1935, 41.

Article 9 . No aircraft may fly over a population at a lower level than that determined by the competent authority.

New Americans: France, 21; Uruguay, 57 and 58; Chile, 73; preliminary draft 1935, 42.

Note: Minimum height fixing to fly over populations is necessary to avoid serious accidents. The provision of the article appears to be more accurate than that of setting the height according to the importance of the populations, and that it states that the flight over populations should be made at such a height that allows the aircraft to land outside of them if the means of propulsion, which are frequently used, fail. The height varies, necessarily with the characteristics of the aircraft. The phrase "competent authority", used in this and other articles, as well as "relevant authority", "Aeronautical authority" and other analogues, which also appear in the Code, refers exclusively to that stated in Law 13.529 of Organization of the Ministries. In that regard, it must be understood in all cases.

ARTICLE 10. . Except in case of imminent danger, materials that may cause damage to persons or property on the surface cannot be dumped.

New Americans: Uruguay, 74; preliminary draft 1935, 44.

ARTICLE 11. . Foreign aircraft can only enter the country by a border airfield and by routes specially set for that purpose. Foreign public aircraft may do so only with prior authorization from the executive branch, in the manner provided for in article 68, paragraph 24, of the national constitution.

New Americans: Chicago, 3rd; Paris, 30 and 32; Uruguay, 51; Chile, 63, 64 and 65; France, 8th; preliminary draft 1935, 91.

Note: The Chicago Convention (Act 13891) in its treaty II, article 3, paragraph (c), contemplates this problem and attributes the determination of the above-mentioned flight to the special agreements or laws and regulations of each country.

ARTICLE 12. La The competent authority may conduct checks on persons, aircraft, crew and things transported prior to departure, landing or parking in the airfield and take appropriate measures for flight safety.

New Americans: Draft 1935, 53; France, 35; Uruguay, 59, 60 and 62.

ARTICLE 13. . On national and international air routes available in the country, a special telecommunications service for aeronautics should be established and maintained.

New Americans: Chicago, 28; 1935, 56.

Note: The importance that telecommunications have acquired in the aircraft is uniformly recognized and of such evidence, which makes it unnecessary to base its installation and operation on national and international air routes. It can be said, without risk of excess, that there is no air navigation without telecommunications. With the only exception of short contact flights, air navigation necessarily requires radio-electric support for its development; and not only support itself, but also for the transmission of meteorological data and business administrative services. In the rest, Law on Organization of the Ministries 13.529.

ARTICLE 14. . Flight control, meteorology and aeronautical telecommunications services will be performed exclusively by the national State.

New American law: Law 137.

Note: Given the eminently international and interprovincial character of the aeronautics, and especially, the ineffectiveness of local services to obtain information that fulfills the specific mission useful for that activity that may be transmitted, the provision refers in general to the control of the flight, the expression "telecommunications" has been used as the current means by which it becomes effective.

ARTICLE 15. The Executive Branch may have the connection of flight control, meteorology and telecommunications services with neighbouring countries.

New American: Preliminary draft 1935, 61.

Note: Telecommunications services in international order require coordination with those provided in neighbouring countries. The reciprocal reports of meteorological data on the route, radio-electric support to the aircraft in flight, the transmission of administrative telegrams require a proper connection of services between stations in different countries; since a flight aircraft should always be in radio-electric contact with a ground station, to achieve maximum security. The existence of an International Telecommunication Convention .Atlantic City 1947. does not exclude bilateral agreements on radio-electric connections.

See Law on Organization of the Ministries Act No. 13.529.

ARTICLE 16. . Aircraft that have been repaired or undergone modifications may not make flights without having been inspected and authorized again by the competent authority.

New Americans: Draft 1935, 90; Chilean Project, 35; Uruguay, 32; Italy, 767.

ARTICLE 17. Las Aircraft leaving Argentine territory may not depart but from a border airfield or from an airfield specially designated by the competent authority where the control formalities are complied with. The same requirements must be observed at the arrival of the alien.

New Americans: Draft 1935, 96; Law 12.911 (Decree 9.358/45), art. 7o; France, 30; Italy, 800; Uruguay, 52; Brazil, 45; Chilean project, 67.

ARTICLE 18. Las The aircraft coming from abroad or leaving the Argentine territory must open the border by specified points and follow the established route. Except for force majeure, they should not land between the geographical border and the airfield before or after compliance with the control requirements.

New Americans: Draft 1935, 97; Law 12.911 (Decree 9.358/45), art. 7o; Brazil, 46 and 47.

ARTICLE 19. Las Private aircraft that are not dedicated to the public transport of persons or goods may be dispensed, exceptionally and in each case from, or land on border airfields. In this case they must do so in other aerodromes, previously designated by the competent authority, and follow the route that it signs.

New Americans: Draft 1935, 98; France, 30, 2nd part; Chilean project, 70.

Note: The article agrees on the extraordinary facilities it indicates to promote postal and tourism aircraft. The precautions adopted, are considered sufficient to prevent the burial of existing requirements.

ARTICLE 20. . When an aircraft had landed outside a border airfield, or designated in the case of the previous article, the persons responsible for their conduct, are obliged to communicate them immediately to the nearest authority.

New Americans: Draft 1935, 99; Uruguay, 56; Chilean project, 68 and 69; Brazil, 59; Decree of 1925, art. 8o.

ARTICLE 21. La The person responsible for the aircraft will not permit the movement of the aircraft, but in case of need to ensure the rescue and in which the competent authority determines.

New Americans: Draft 1935, 100; Decree of 1925, 8th.

ARTICLE 22. Las Aircraft that are authorized to transit over the national territory shall not be subject to border control formalities. They must follow the fixed air route and fill the corresponding circulation regulations.

In cases of forced landing, it should be carried out in accordance with articles 20 and 21.

New Americans: Draft 1935, 102; Act 12.911 (Decree 9.358/45), 7th.

PART III

Infrastructure

CHAPTER I

Airfields

ARTICLE 23. . Aerodromes are public or private. Public airfields are open to public use, others are private. The property owner's condition does not qualify an airfield as public or private.

New Americans: Uruguay, 41, Chile, 94, 95 and 96; preliminary draft 1935, 45; France, 26 and 27.

ARTICLE 24. Public airfields for international transit aircraft are called international airfields. International airfields possessing health, customs, migration and others will be called border airfields.

New Americans: Uruguay, 41; Chile, 94, 95 and 96; preliminary draft 1935, 45; France, 26 and 27.

ARTICLE 25. Todo Any airfield must be enabled by the competent authority, which shall set the operating conditions.

New Americans: Uruguay, 44; Chile, 97 and 98; France, 29; preliminary draft 1935, 46.

Note: Enabling is an indispensable requirement, for security reasons. The provision is of common order; all the laws of aeronautics have it.

ARTICLE 26. Aircraft must leave, or land in public or private airfields. This obligation does not apply to force majeure or to public aircraft in the exercise of their functions, or in cases of assistance or rescue, or to aircraft in sanitary functions.

New Americans: France, 24; preliminary draft 1935, 48; Brazil, 46.

Note: The obligation imposed by the first part of the article is similar to that of the 24th of French law, which has been harshly combated. The abrogation has been insisted, arguing that it threatens the progress of aeronautics, especially tourism. There is no reason, it is stated, to ban landing in any field, if the owner authorizes it. It is undeniable that the prohibition may bring inconvenience; but it is considered essential to establish it for various reasons. Free landing imports free circulation, with the abandonment of the facilities and advantages provided by air routes, necessary for flight safety. Thus, accidents would multiply even without counting those produced as a result of fixed and moving obstacles, which can be found by aircraft on their flight. Half, moreover, another decisive reason. If aircraft could land freely, surveillance, essential to the State, would be impossible for obvious political and economic reasons. The smuggling of people or things would be inevitable. The exceptions indicated in the article are justified by the statement only, as well as the limitation on public and sanitary aircraft to be included in the exception; they are not sufficient, they need to be in the exercise of their functions.

ARTICLE 27. . Private aircraft that do not engage in public transport of persons or things and exclusively postcards may be temporarily or eventually dispensed from the obligation prescribed by the preceding article.

New Americans: Chile, 70; preliminary draft 1935, 49.

Note: In order to contemplate, in eventual and temporary cases, the consequences of the preceding article, facilitating the development of aeronautics, in order to free aircraft engaged in such activities, from the obligation prescribed by the aforementioned article, franchise is established.

ARTICLE 28. . Except for force majeure, no aircraft may land in private airfields without the owner's authorization.

Landing in private properties, whether or not airfields, does not authorize the owner to prevent the continuation of the trip. The owner shall have the obligation to report the landing to the authority establishing the relevant regulations, with specification of the registration of the aircraft and the name and address of its owner and of the person in whose charge it is located.

New Americans: Uruguay, 46; Chile, 79; France, 25; Italy, 708; preliminary draft 1935, 50 and 51.

Note: The provision relates to that of article 26 and is the result of the exercise of the right of ownership in a private property, cannot land third-party aircraft, without the owner ' s authorization; the non-compliance with this principle, imports violation of the property. If the landing occurs by force majeure, the owner has no other right than the one that establishes the second part of the article, in order to make possible the claim of the compensation to which he may be entitled.

ARTICLE 29. . In public airfields the right surface for the needs of aeronautics may be placed in a location.

The competent authority shall establish or approve, where appropriate, the price of the location and the corresponding contributions, as provided by the relevant laws.

New Americans: Draft 1935, 52; Uruguay, 45 and 46; Law 13.041: Chile, 133, 136, 137, 138, 139 and 140; France, 29; Italy, 701, 2a, part.

Note: The entire problem of tax and aeronautics-related contributions has been left for specific laws on the subject. Experience has shown that in such a code only the general principle that admits the possibility of contributions and in special laws the determination and discrimination thereof should appear. The agility of air and tax standards is the most compelling reason for this. Law 13.041 and its regulations, which govern this aspect of complete aeronautics, must not undergo any modification here.

CHAPTER II

Limitations to domain

ARTICLE 30. . They are declared of public utility and may be expropriated, the goods necessary for the establishment of airfields and their ensanches, the already established airfields and their auxiliary facilities.

Auxiliary facilities, all elements for the emplacement of land aid, such as beacons, means of signaling, telecommunications and meteorology, and other necessary or suitable for air circulation are considered.

New Americans: Draft 1935, 63; Decree 14.726/43, Law 12.911, article 1; France, 28; Uruguay, 94; Chile, 107.

Note: The provision of this article and that of article 31 are of a common order. The need for airfields not to be located far away from the cities, and the range of tracks required, imposes the need to resort to expropriation.

ARTICLE 31. La The authority that the executive branch determines is empowered to institute the corresponding expropriation trials, with the possibility of holding ad referendum, direct arrangements with the owners of the property, and in all cases the provisions of the general law of expropriations must be observed.

New Americans: Decree 14.726/43, 2; Chile, 108 et seq.; Uruguay, 175.

ARTICLE 32. . If by authorizing the installation or operation of an airfield, buildings, plantations or works of any nature that hinder the departure or arrival of aircraft may be ordered by the competent authority to demolish the total or partial deletion prior to expropriation or acquisition under the conditions of the previous article.

New Americans: Draft 1935, 65; Decree 14.726/43, 3; Uruguay, 91; Chile, 124 and 127.

Note: It is not enough for airfields to be comprehensive, inputs need not have obstacles. If the constructions or plantations exist when the construction of the airfield is created or authorized, the demolition or demolition, total or partial, as required by the safety of the departure or the landing, is necessary to resort to expropriation or direct purchase. The rules contained in this article and in 33 also import the power to force the individual to change obstacles that hinder the aircraft, if this is possible without modifying the operation of the changed elements. For example, if a telephone thread disturbed the air at aeronautical service and could function conveniently underground.

ARTICLE 33. . In the vicinity of the airfields, no constructions, plantations or works of any nature may be made that hinder the departure or arrival of aircraft, without prior authorization from the competent authority.

The same authority may intimate, and if it is not obeyed to request the demolition or suppression of the constructions, plantations or works that are done in contravention of the provisions of this article, without giving rise to compensation.

New Americans: Draft 1935, 66; Decree 14.726/43, 4o; Uruguay, 82 et seq.; Chile, 115 et seq.

Note: This is the special servitudes for the benefit of aeronautics: "non buildndi" and "altius non tollendi" established by compelling security needs. In general, certain areas of extension are established which prohibit or limit the height of the buildings or plantations; the article does not do so, nor does it create a rigid system. It makes demolition optional and authorizes creation according to circumstances. The provision of part two of the article does not require explanation. If the owner has created the obstacle, after the airfield exists, he must suffer the consequences. Justice is given intervention, but by the nature of the matter, the procedure must be very close. It is not possible to wait for the accident.

ARTICLE 34. . It is obligatory throughout the territory of the Republic to point out the obstacles that, in the opinion of the competent authority, constitute danger to the air circulation, being carried out by the owner of the affected property the expenses of installation and operation of the appropriate marks, signals or lights. The notice shall be made in accordance with the regulations issued by the competent authority.

New Americans: Draft 1935, 68; Decree 14.726/43, 5; Chile, 130; Uruguay, 77.

PART IV

Aircraft

CHAPTER I

Definition

ARTICLE 35. . Aircraft is considered devices or mechanisms that can circulate in the air and are suitable for transporting people or things.

New Americans: Draft 1935, 6; Uruguay, 13; France, 1; Italy, 743; Chile, 11.

CHAPTER II

Classification

ARTICLE 36. . Aircraft are public or private. They are public aircraft, those for the service of public power, such as military, police and customs. The other aircraft are private, although they belong to the State.

New Americans: Draft 1935, 7; Uruguay, 14, 15 and 16; Chile, 12 and 13; Italy, 744, 745, 746 and 747.

CHAPTER III

National Aircraft Registry

ARTICLE 37. . Aircraft must be registered in the national registry established for that purpose. Engines, propellers, spare parts and accessories can be registered in a special registry.

New Americans: Draft 1935, 10; Uruguay, 20; France, 3; Chile, 21; Italy, 763.

Note: Registration is mandatory for any civil aircraft, whether it belongs to the national, provincial or municipal State and individuals. The word "podran" of the second paragraph attributes a power to the national executive branch.

ARTICLE 38. : In the National Aircraft Registry it will be noted:

1o Any document, act, contract or resolution that credits the ownership of the aircraft, transfers, modifies or extinguishes it;

2nd The levies and interdictions that weigh on or are decreed against aircraft.

3o Enrolments with the appropriate specifications for the identification of aircraft and proofs of navigability;

4o Cessation of activities, unutilization or loss of aircraft, substantial changes and partial or total renewal thereof;

5o Contracts for aircraft use;

6th Amendments to the statutes or social contract and the name, address and nationality of directors or administrators and directors of the companies owned by Argentine aircraft;

7o In general, any legal act or act that may alter or be linked to the legal status of the aircraft.

New Americans: Draft 1935, 10; France, 12; Uruguay, 22 and 24.

Note: It is necessary for the State to know, at all times, which aircraft have national registration and the owner ' s name, for permanent control and use if necessary.

It is also to know when it comes to ownership and contracts relating to them, whether to regulate the protection of the State, whether to give effect to the responsibility in which the operator or the owner may incur.

ARTICLE 39. . Matriculada the aircraft and registered in the registry shall be considered canceled any previous registration, without prejudice to the validity of the legal effects regarding the obligations of the owner.

New Americans: Draft 1935, 11; France, 7; Uruguay, 25; Chile, 17; Italy, 752.

Note: It is a universally accepted principle that the aircraft cannot have dual nationality. The article envisages and resolves the case of an earlier enrollment. The limitation established by the final part is essential not to infringe the legitimate interests of the potential creditors of the owner.

ARTICLE 40. El The National Aircraft Registry is public. Any interested may obtain a certified copy of the annotations of the Register, requesting it to the authority responsible for the Register.

New Americans: Draft 1935, 13; France, 13; Uruguay, 21.

Note: It is the system of French law of 1924, which facilitates operations. The right to pay under the information required by the person concerned is subject to special laws.

CHAPTER IV

Requirements for owner of an Argentina aircraft

ARTICLE 42. . To own an Argentine aircraft it is necessary to be domiciled in the Republic, if it is a person of visible existence.

New Americans: Draft 1935, 14; Uruguay, 26; France, 5; Chile, 20; Italy, 751; Brazil, 22.

ARTICLE 43. . If the aircraft belonged to several co-owners, the majority, whose rights exceed half the value of the aircraft, should be domiciled in the Republic.

New Americans: Draft 1935, 15; France, 5; Uruguay, 26; Chile, 20; Brazil, 22.

ARTICLE 44. . If the aircraft belonged to a society of people, half plus one, at least, of the solidarity-holders with the majority of the capital, must be domiciled in the country, and the society has in the Republic the real and effective social headquarters.

New Americans: Draft 1935, 16; Uruguay, 26; France, 5; Italy, 751; Brazil, 22.

ARTICLE 45. . If the aircraft belonged to a capital society the president of the board, the person who performs the functions of manager and the two thirds at least of the directors or administrators, should be Argentine, and the society have the actual social headquarters and the control of the Republic.

New Americans: Draft 1935, 17; France, 5th; Uruguay, 26; Italy, 751; Brazil, 22.

Note: It has the same purpose as the previous articles: but as control is more difficult, the provisions of the article are fully justified in order to safeguard national interests. The provision is similar to that of aviation laws in most countries. It is also the formula of the Air Code.

CHAPTER V

Nationality

ARTICLE 46. . Registration, confers on the aircraft Argentine nationality.

Aircraft registered in the Argentine Republic lose their nationality, if, by any circumstances, the conditions specified in the previous chapter cease to be met, or if they have been registered in a foreign State.

New Americans: Draft 1935, 18; Chicago, 17; Uruguay, 17; France, 4th; Chile, 15; Brazil, 20.

CHAPTER VI

Brands

ARTICLE 47. Toda All aircraft must bear the distinctive marks of their nationality and registration.

The marks of aircraft used in police, customs or health service must have special characteristics that facilitate their identification.

New Americans: Paris, 10; Madrid Convention of 1926, 10; Havana Convention of 1928, IX; Chicago, 20; Decree 1925, 2; Decree 1926, 33 and its amendments; Decree 124.443/38; English law 1949, 7; Italy, 749; Swiss law 1948, 49; preliminary draft 1935, 19; Brazil, 23; Uruguay, 27.

Note: The article aims to individualize aircraft. The latter part relates to the facilities agreed upon by article 26 to certain aircraft. The enumeration in the second paragraph of this article is not taxative. In the opinion of the Executive Branch, there may be other aircraft requiring special registration at a given time. It is considered prudent to make here only an enumeration, subordinate to the circumstances surrounding each time the adoption of a detailed rule.

CHAPTER VII

Title, modifications and transfers

ARTICLE 48. . Aircraft are considered in this Code, movable goods: any legal act that relates to aircraft, shall be carried out by public or private instrument, duly authenticated.

New Americans: Uruguay, 96; Italy, 861; Decree of 1926, 43; Geneva Convention of 19 June 1948; preliminary draft 1935, 20.

Note: As the vast majority of legislations, the Code regards aircraft as movable property. However, unlike that category of property establishes the Civil Code, any legal act relating to aircraft must be performed by public or private act, duly authenticated.

ARTICLE 49. . Domain transfers of aircraft, as well as any other legal act related to them and provided for in article 38, are not perfected among the parties, do not produce effects against third parties, but are followed by registration in the National Aircraft Register.

New Americans: Chicago, 19; decree of 1926, 43; Brazil, 27; Uruguay, 97; Geneva Convention 1948, 1; preliminary draft 1935, 21; Italy, 864; Brazil, 27.

Note: The need to know the owner of the domain, to ensure his responsibility and the need of the State to exercise the police in a safe manner, justify the article which, on the other hand, reproduces commonly stated provisions in positive law.

ARTICLE 50. In order for the acts and contracts referred to in article 38, paragraphs 1, 2 and 5, and carried out abroad, to produce effects in the Republic, they shall be made by public writing or by the Argentine consular authority, which shall record the respective instrument and send testimony to the competent authority.

New Americans: Uruguay, 99; preliminary draft 1935,23: Italy, 864.

CHAPTER VIII

Mortgages and privileges

ARTICLE 51. . Aircraft can be mortgaged in whole or part and even when they are under construction.

The mortgage must be constituted by a public or private instrument duly authenticated and registered with the National Aircraft Registry. Registration gives the creditor a right of preference in accordance with the order in which it has been made.

New Americans: Trade Code, 1.352 and 1.355, Geneva 1948, 1; Uruguay, 105; preliminary draft 1935, 24; France, 14; Brazil, 137; Italy, 1.027, 1.028, 1.030 and 1.035.

Note: A general principle of application in maritime law is introduced into aeronautical legislation; however, the aircraft may be mortgaged. The importance of its price allows the mortgage to be established on an aircraft, in whole or in part, and even if it is under construction. This facilitates the development of the aviation industry and the acquisition of aircraft by transporters. Pursuant to the rule of article 48, the form of constitution and compulsory registration is established, which establishes the order of preference.

ARTICLE 52. La Mortgage extends to compensation for loss or breakdown of the aircraft and compensation due to the owner for damage caused to the aircraft by a third party.

New Americans: Uruguay, 108; preliminary draft 1935, 25, Brazil, 139: Italy, 572.

ARTICLE 53. : They have a preferential right to the mortgage creditor and in the order established:

1o Credits for security costs that benefit the mortgage creditor;

2nd The State ' s credits, by tax and by rates in terms of the use of airfields or the accessories or complementary services of the aircraft;

3o Provisions from the rescue of the aircraft;

4o Provisions and repairs made outside the duty station to continue the journey;

5o The emoluments of the crew for the last trip.

New Americans: Draft 1935, 26; Uruguay, 109; Brazil, 140; Italy, 1,036 and 1,023.

ARTICLE 54. The mortgage is extinguished at three years of the date of registration, if it was not renewed.

New Americans: Draft 1935, 28; Italy, 1,037 and 577.

Note: The expiry of the guarantee over time governs all creditor rights orders. The term fixed is considered reasonable. On the other hand, it is the one that generally admits in the laws of aeronautics.

ARTICLE 55. They will govern for the aeronautical mortgage, the requirements for the naval mortgage contract, when not incompatible with this Code.

New Americans: Draft 1935, 29; France, 14; Brazil, 146; Italy, 1.037.

CHAPTER IX

Operation

ARTICLE 56. . The use of an aircraft may be contracted by one or more trips or on term, or by mileage.

New Americans: Draft 1935, 30; France, 49; Italy, 939 and forward.

Note: The difficulties of matter and evolution experienced by the concepts of location, charter and transport, in their multiple modalities have determined the exclusion of specific qualifications. The possible forms of use of aircraft, as in practice in countries that have made provision, are left to the parties ' stipulation. The difficulties presented by the topic are many in terms of their application, if we take into account the lack of a perfectly established experience in our country. Thus, until it exists, it has been preferred to leave most of the rules governing that legal relationship to the private contract. The numerous case law on maritime charter, which would appear to be profitable in this case, should serve only as a precedent, since its strict adoption could lead to error.

ARTICLE 57. La The aircraft crew, unless otherwise stipulated, is under the direction and dependence of the owner.

New Americans: France, 49; Italy, 939 and forward.

ARTICLE 58. . In the event that the operator of the aircraft will take charge of equipping and crewing it, the owner ' s obligation is limited to delivering the aircraft in the agreed time and place, provided with the necessary documentation for the flight.

It is called in this Code, the operator of the aircraft, the person who uses it on his own, even for non-profit.

The owner ' s obligation is to maintain the aircraft under normal conditions, until the end of the contract. It makes this obligation if it means the exploiter's fault.

New Americans: Italy, 939 and forward.

Note: This is a common case of location of thing, with the normal obligations of the locator. The wording of this article assumes that there is no fault or negligence of the operator, the maintenance costs correspond to the owner, and the maintenance of the operator when the first cannot be done by physical impossibility. But the principle of the autonomy of the will is also expressed here, since each particular contract may determine the positions of each exploitation.

ARTICLE 59. El The contract must be recorded in writing, approved by the competent authority and registered in the National Aircraft Registry. It will not be approved, if the aircraft is to be used, it does not meet the conditions required for the owner.

New Americans: Uruguay, 100, 101, 102 and 103; Italy, 939.

Note: It is the established general rule, without requiring the authenticity requirement of the instrument, because the contract must be approved by the competent authority, which presupposes it.

ARTICLE 60. . The registration of the contract entered into in accordance with article 58 releases the owner of the subsequent responsibilities, which shall be carried out exclusively by the other contracting party, except those provided for in the regulations issued by the competent authority, applicable in all cases.

New Americans: France, 50; Italy, 939; Uruguay, 104.

Note: If the operator takes charge of equipping and tripling the aircraft, it is undoubted that the responsibilities following the registration of the contract are in charge. The exceptions provided for with inescapable consequence of the nature of the faults they contemplate.

ARTICLE 61. . In case the contract is not registered, it will have no effect on third parties and the owner and operator will be liable, in solidarity, for any contravention or damages that occur.

New Americans: Uruguay, 104; Italy, 939.

ARTICLE 62. . The rights and obligations arising from the contract may not be transferred in whole or in part, if such power is not expressly agreed.

New American: Italy, 378.

ARTICLE 63. Las The rules set forth in the Trade Code are applicable, as long as they do not affect or are incompatible with this code.

New American: Italy, 939.

Note: It refers to the rules set out in Title VII of the Trade Code.

CHAPTER X

Embargo

ARTICLE 64. . With the exception of public aircraft all other aircraft are subject to embargo.

New Americans: Brazil, 62; Rome Convention 1933, art. 3; preliminary draft 1935, 34.

ARTICLE 65. . The annotation of the embargo in the Register gives its owner the preference of being paid before any other creditor, except those of better law. ARTICLE 66. El The embargo will bring the immobilization of the aircraft in the following cases:

1o When he has been ordained under a sentence execution;

2nd O of an agreed credit for the conduct of the trip and even if the aircraft is ready to leave;

3rd O of an aircraft seller ' s claim for breach of the purchase-sale contract.

Convention Geneva 1948; preliminary draft 1935, 35 and 37.

CHAPTER XI

Industries

ARTICLE 67. El The executive branch will promote the construction of aircraft and channel the private initiative, aimed at the development of the national aviation industry.

New Americans: Law 12.911 (Decree 9.358/45), 10; Law 13.529, 31.

Note: The problem has been contemplated by Laws 12,911 and 13. 529 (art. 31) Without prejudice to the validity of its provisions, the Aeronautical Code has included the principles accepted so far. Thus, the precepts related to State control over the industry concerned must maintain their full value and extent, and even all other rules.

ARTICLE 68. . Industrial or commercial agreements may be carried out in this regard, aimed at providing the assistance provided for in the previous article, or the establishment of joint ventures should be Argentina's partners, their actions of a nominative nature and have their headquarters in the country.

New Americans: Law 12.911 (Decree 1.190/45): Law 12.161; Law 12.709.

ARTICLE 69. . Private companies benefiting from state aid should be legal entities established in the country and should not be directly or indirectly part of foreign entities.

New American law 12.911 (Decree 1.190/45)

ARTICLE 70. El The executive branch will regulate the opportunity, form and condition of technical and economic assistance to provide aeronautical repair workshops and any other similar manifestation.

New American law 12.911 (Decree 14.913/46)

PART V

Aircraft personnel ARTICLE 71. . The members of the flight crew and those responsible for cooperating with the aircraft ' s manoeuvres must possess the certification of their suitability, in the manner established by the competent authority.

New Americans: Chicago, 32; Paris, 12; 1935, 71; Italy, 731 and following; Uruguay, 34, Chile Project, 45; Brazil, 28; France, 31.

Note: Feels the general principle that any person involved in the development of the maneuvers of an aircraft must possess an enabling title. The technicality of the aircraft demands inescapably, suitability. In particular, efforts have been made to avoid references to "patents", "licences", "certificates", "brevets", or other similar designations, using the generic denomination of "certification of its suitability", so that at all times such a denomination can be adapted to the particular uses, customs or regulations.

The principle and obligation of all staff to be endowed with an accreditable qualification is laid; the regulation shall determine the conditions for granting it.

ARTICLE 72. Toda Any aircraft in transport service must have on board a person invested in the functions of commander, being able to exercise them the pilot of the same.

New Americans: CITEJA Project, 1931; preliminary draft 1935, 73; Brazil, 148.

ARTICLE 73. . The designation of the commander corresponds to the operator of the aircraft and is its representative.

New Americans: CITEJA Project, 1931; preliminary draft 1935, 78; Brazil, 149; Italy, 884.

Note: As the commander is the representative of the operator of the aircraft, it is logical that his designation be deprived of the aircraft, because it is the operator who is interested in the personal conditions of the commander to make his choice. This is what happens in practice. This provision does not contradict article 57, which provides for the special case of the same person ' s own and exploitative qualities of the aircraft.

ARTICLE 74. El The name of the commander and the special powers that have been conferred upon him must be recorded in the documentation on board.

New Americans: CITEJA Project, 1931; preliminary draft 1935, 79; Brazil, 149; Italy, 884.

Note: The registration of the name of the commander and the special powers conferred upon him must be recorded in the on-board books; it is a defence of the rights and interests of the operator and of the contracting third parties, against the functions to be developed by him.

ARTICLE 75. La The competent authority shall determine the integration of the flight crew of the aircraft for transport.

New American: Italy, 896.

Note: The rule empowers the aeronautical authority to decide the integration of the crews of the aircraft engaged in transport, bearing in mind that in some cases some crew members may perform other functions, together with their own, such as the browser and co-pilot, for example.

ARTICLE 76. El The commander of the aircraft has the power of discipline over the navigating personnel, as long as it is indispensable for air circulation, and power of authority over the passengers, during the journey. It must ensure the safety of the aircraft, not being able to leave the aircraft without taking the appropriate measures for its safety.

New Americans: CITEJA Project, 1931; preliminary draft 1935, 75; Brazil, 151; Italy, 809 and 810.

Note: The discipline power granted to the aircraft commander is part of the set of public functions that the aircraft performs on board; and as well as has the discipline power over the personnel, it necessarily has the authority over the passengers, while they are on board. Such powers concur with the nature of the functions to be performed by the commander and are fully justified, if the responsibility of the position is taken into account. It is the highest authority on board the aircraft, so that total obedience and compliance with its decisions are due. Similarly, being responsible for the safety of the flight, the commander cannot be absent from the aircraft, except for serious reasons and once the security measures are taken.

ARTICLE 77. . In the event of danger the commander of the aircraft is obliged to remain in his position, until he has taken the useful measures to save the passengers, crew and goods on board, and to avoid damage to the surface.

New Americans: Draft 1935, 76; Italy, 891 and 893; Uruguay, 38.

Note: The aircraft commander is under an obligation to seek the rescue of passengers, crews and goods on board, in such cases, until he has taken the useful measures recommended by the case. It should be understood by useful measures all those that, in one way or another, allow the rescue, within the conditions in which the flight is developed and the fact that endangers the aircraft. It is undoubted, however, that, within the variety of cases to be raised, the determination of the "useful measures" will generally be reserved for subsequent analysis of the created situation.

ARTICLE 78. El The aircraft commander has the right, even without special mandate to make purchases and make expenses necessary for the trip and to safeguard the luggage, goods and postal charges transported.

New Americans: Draft 1935, 77; Brazil, 152; Italy, 892.

Note: While the commander of the aircraft is the representative of the operator (art. 73), it is undoubted that the authority conferred on him by the article is in conformity with the nature of that representation. It cannot be admitted that, in the absence of a special mandate, the aircraft cannot make its journey, especially if it is outside its base. It is incumbent upon the commander, in such circumstances, to arbitrate the necessary measures to equip the aircraft, without the necessary purchases and expenses incurred by the operator being unknown or challenged. In the same condition there are the expenses you make to safeguard the luggage and goods transported.

ARTICLE 79. . The commander has an obligation to ensure before departure, the efficiency of the aircraft and the atmospheric conditions of navigability, with the responsibility of suspending the flight.

New Americans: Draft 1935, 80; Italy, 889.

Note: The responsibility for the flight, the way and conditions in which it is made, rests with the commander of the aircraft. Hence the obligation of the article as a means of achieving greater security in the service, and in cases of regular lines, it is directly linked to the rule of article 91.

ARTICLE 80. El The commander of the aircraft shall record in the corresponding books the births, deaths, marriages and testaments that occurred or celebrated on board and shall send an authentic copy to the competent authority.

In the event of the death of a passenger or member of the crew, it shall take security measures with respect to the effects of the deceased, giving them under inventory to the Argentine consul, or, failing that, to the representative of the owner, on the first scale.

New Americans: CITEJA Project, 1931; preliminary draft 1935, 81; Brazil, 156; Italy, 834 and 888; Uruguay, 39.

Note: It has been thought appropriate to add marriages and wills, as it may occur that on board an aircraft a decision is made to perform an in extremis marriage, or a will in equal circumstances. This does not imply that the special laws on these matters cease to have all their vigor, and thus they must be applied.

ARTICLE 81. El The commander of the aircraft, as provided for in art. 10th, he has the right to throw goods or baggage during the journey, if he considers it indispensable for the safety of the aircraft. You must, if the choice is possible, throw the least value.

New American: Preliminary project 1935, 82.

ARTICLE 82. . The revalition or endorsement of the titles issued by a foreign State shall be governed by the agreements that the State and the Argentine Nation have signed on the respective matters.

In cases where there are no agreements, the titles may be valid or revalent in the conditions established by the competent authority and subject to the principle of reciprocity.

New Americans: Draft 1935, 84, 85 and 86; Chicago, 32 and 33; Paris, 13; Uruguay, 35.

Note: Aeronautics is, by nature, of an international character. Both the international conventions - bilateral, plurilateral - when the domestic legislation of the different countries has sought to save the inconveniences that this same character creates, against domestic legislation. The faculty agreed upon by the second part of the article, in the absence of agreements, will allow greater elasticity in line with the principles of the Chicago Convention (arts. 32 and 33)

ARTICLE 83. All matters relating to the contract of employment and compensation by accident shall be subject to special laws.

Note: The complexity of this problem, as well as its social nature, have determined its reference to special laws, even more so when some of them, such as the law on accidents of work, have been subjected to a particular study to propose the necessary reforms. The project thus departs from other backgrounds such as the Italian Navigation Code, which expressly and widely regulates all relationships arising from the contract of work of flight personnel.

ARTICLE 84. . In any airfield open to public use there will be a chief who will be the superior authority of the same in terms of his direction, coordination and internal regime. The respective authority granted by the competent authority shall be vested in the head of the airfield.

New Americans: Italy, 689, 718; decree 6.627/48, article 1.

Note: Every airfield open to public use provides a number of services that are not exclusively aeronautical, by officials or employees of different ministries or divisions and even private entities. In the face of this, the problem of determining the authority or authorities involved in the regulation and resolution of matters arising within the airfield is immediately posed. It has been considered that there should be a room that coordinates and controls the services and that it has sufficient power over all the staff that provide services there. That authority cannot be another than the head of the airfield. To resolve the contrary, allowing each ministry, division or private entity, or service, to carry out its activities with absolute independence, without a head representing the superior authority of the airfield, would directly attack the safety and efficiency of air navigation, creating a cluster of situations that would denaturalize the purposes pursued, by centralizing each of the different services necessary to enable them to effectively unravel. As well as it is admitted that telecommunications, meteorology, health, customs, migration, security police, judicial, etc., and their personnel should be technically placed under the dependency of the divisions in charge of such services, as well as the provision that the executive branch may order the total or partial centralization of the services and how to establish their widest coordination and the greater collaboration of the distributions. The powers of the head of the airfield granting this article are even disciplinary for the staff directly subordinated to him. But on the personnel involved in the airfield and dependent on other authorities, their powers will only be preventive and the penalties to be applied must be requested to the authority on which the offender depends.

It is undoubted that, because of the direct knowledge of the needs of the airfield, his boss is the one who finds himself in better condition to appreciate these practical aspects, which are presented on the occasion of the realization of the services.

ARTICLE 85. . In the private airfields there will be only one manager, which will be appointed by the owner. It shall communicate to the competent authority, name and address of the manager and date of appointment. ARTICLE 86. La The competent authority shall issue the rules of procedure that determines the powers and obligations of the head, the aerodrome officer and other personnel operating therein. ARTICLE 87. . Flight control services, telecommunications meteorology, health, customs migrations, security and judicial police and any other, as well as their staff, will be technically dependent on such services.

New Americans: Decree 6.627/48, article 40, and decree 23.452/48; project Chile 102.

Note: Tiende the article, to maintain the necessary efficiency within each specialty according to its own needs, without prejudice to the coordination of the whole, entrusted to the head of the airfield.

ARTICLE 88. El The executive branch may provide for the total or partial centralization of the services and how to establish its widest coordination and the greater collaboration of the distributions that they provide.

New American: Preliminary project 1935, 55.

PART VI

Air Circulation

CHAPTER I

Documents relating to national aircraft.

ARTICLE 89. No Argentine aircraft may fly over the national territory without being provided with the certificates of registration and navigability granted by the competent authority.

New Americans: Chicago, 29; Paris, 19; preliminary draft 1935, 87; France, 32; Uruguay, 47; Italy, 756 and 764; Brazil, 24; Chilean project, 30 and 31.

Note: The compulsory registration and navigability certificates and the marks of nationality and registration of aircraft are common in international conventions and aviation legislation. The certificate of registration tests the registration of the aircraft in the respective registry. Together with the marks of nationality and registration constitute the elements of individualization, identity of the aircraft. The certificate of navigability, for its part, tests the good technical conditions of the aircraft for flight.

ARTICLE 90. s Aircraft shall carry the aboard books provided by the competent authority under the conditions prescribed by it, and shall record in them the acts and contracts referred to in article 38, paragraph 1.

New Americans: Chicago, 29; Paris, 19; preliminary draft 1935, 88; France, 32; Uruguay, 47; Italy, 771; Brazil, 24.

Note: Any aircraft must carry on board the books and documents established by the aeronautical authority. The payroll and details of the books must be paid to the statutory face, since they will be the needs imposed by the technique or those that indicate the experience, those that decide on this matter the need for a greater or lesser number of aborted books.

ARTICLE 91. . Passenger-driven aircraft must be prepared for flight by authorized personnel. A certificate that accredits this circumstance, made in the manner established by the relevant regulations, must be added to the documentation on board.

No aircraft may fly without the commander of the flight plan, as determined by the regulations of the competent authority.

New American: Preliminary draft 1935, 89

CHAPTER II

Documents relating to foreign aircraft

ARTICLE 92. . To circulate and land in Argentinian territory, foreign aircraft must be provided with certificates of enrollment and navigability, on-board books and license of the radio equipment, if any.

New Americans: Chicago, 29 et seq.; Paris, 19 and 21; 1935, 87; Uruguay, 47; France, 8; Italy 764.

Note: in general, the circulation and landing of foreign aircraft in Argentine territory will be governed by international agreements and agreements against the incessant development of this kind of aeronautical stipulations.

For the assumption of a foreign aircraft linked to the Argentine Republic by an agreement or agreement, the article prescribes the compulsory registration and navigability certificates, on-board books and licences of the radio station of the apparatus, if any, also filling the other provisions of such agreements or conventions.

The Chicago Convention, in Chapter V, establishes the conditions that must be met by the aircraft of a Contracting State in respect of international air navigation. Chapter II of the same convention indicates the conditions under which flights may be made on territories of contracting States. The provisions of the article follow the rules of that convention. It is, on the other hand, the laws of aeronautics. The article sets the minimum requirements that are the currents.

ARTICLE 93. . The aircraft of foreign States shall be in conformity with the agreements that are signed by those States and the Argentine Nation.

New Americans: Draft 1935, 91; France, 8; Italy 794; Uruguay, 51.

PART VII

Air transportation

CHAPTER I

Air transportation in general

ARTICLE 94. . Air transport of passengers and goods is subject to the requirements of this code, and those of the Trade Code and special laws related to transport, as long as applicable and are not in contradiction with the provisions of this code.

New Americans: Draft 1935, 115; France, 45; Uruguay, 183.

ARTICLE 95. . The authorization for the operation of airlines, imports the right to do so in connection with other established lines, or with other means of transport. Agreements and contracts relating to connection with lines or other means of transport shall be subject to approval by the Executive.

New American: Preliminary project 1935, 116.

CHAPTER II

International air transportation

ARTICLE 96. . It is considered international, the air transport carried out between the Republic and a foreign State, or between two points of the Republic, with intermediate landing in a foreign State.

New Americans: preliminary draft 1935, 95; Warsaw Convention of 1929, article 1 (2).

Note: It is the principle of the Warsaw convention, which is considered desirable to maintain, since the proposed amendments to the convention, on that part, do not appear to be necessary.

ARTICLE 97. . For the purposes of migration laws, aircraft passengers are equipped to ship passengers. The competent authority shall regulate the procedure in respect of passengers, baggage and goods crossing the border on aircraft.

New Americans: Draft 1935, 101; Decree of 1925, 13.

PART VIII

Exploitation of air services

CHAPTER I

Transport services of fixed itinerary

ARTICLE 98. . The creation and operation of fixed, internal and international transport services shall be carried out exclusively by the State, and may use private activity in partial respects of those, as the executive branch deems appropriate.

National Constitution, 40; Act 13,259, 27, paragraph 3; Act No. 12,911 (Decree 9,358/45), 5th.

Note: The text strictly follows the interpretation given at the beginning of article 40 of the Constitution. Aerial public service belongs to the national State and may not be alienated or granted for its exploitation. The second part of the text: "by using private activity in partial aspects of those, as it deems appropriate the Executive Branch responds to the provisions of article 27, paragraph 3 of Law 13.529, which attributes to the Ministry of Transport the control of the services granted and/or authorized to individuals in the same branches (including the air), according to which, as a result of article 40 of the National Constitution, it is determined. In the "Memorial Aid on the Political Orientation of the Government, 1947/1951", published by the Undersecretary of Informations (September 9, 1949), it was clarified (page 229): "Transportation must be at the service of the national economy, and not that of it.

The State does not aspire to monopolize or profit from transportation. It will directly exploit only vital public services"

ARTICLE 99. . Foreign aircraft may perform international air transport services, in accordance with the provisions of international conventions or agreements to which the Nation is a party, or through prior authorization from the Executive.

New Americans: Chicago, 6th; Paris, 15 "in fine"; Brazil, 36.

Note: It is the form imposed as a consequence of the exercise of sovereignty. Foreign aircraft may not perform air transport services, but under special authorization, or international agreements, either bilateral or plurilateral.

ARTICLE 100. . Foreign aircraft may not take passengers, correspondence, or cargo in the Argentine Republic, for transport to another point in the country, unless the executive branch, for exceptional reasons of general interest, believes necessary or unbeatable to authorize such services to such aircraft. The authorization will be of a precarious nature.

New Americans: Chicago, 7th; Paris, 16; preliminary draft 1935, 103; Law 12.911 (Decree 9.358/45), 5th; France, 9th; Chilean project 144.

CHAPTER II

Transport services not subject to fixed itinerary

ARTICLE 101. . Air transportation services not subject to fixed itinerary, which are carried out between two or more points of the Argentine territory, and any paid air work that is carried out entirely in the country, can only be carried out through Argentine aircraft.

New Americans: preliminary draft 1935, 103; Decree 21.548/46.

ARTICLE 102. . For the execution of these services, prior authorization is required from the Executive Branch, which may delegate this authority to the competent authority.

New American Decree 21.548/46

ARTICLE 103. . No authorization shall be agreed, without prior verification of the technical and financial capacity of the authorized services, when they function in due form in the opinion of the competent authority and after checking the technical and financial capacity of the assignee.

New American law: Decree 21.548/46.

ARTICLE 104. El The beneficiary of an authorization may not transfer it. It may only transfer the authorized services, when they function properly in the opinion of the competent authority and after checking the technical and financial capacity of the assignee.

New American law: Decree 21.548/46.

Note: Tiende the willingness to avoid speculation. In our country, it is an invariable norm followed in the authorizations of any order.

ARTICLE 105. El The Executive Power may subsidize the creation and exploitation of the services referred to in Article 101.

New American law 12.911 (Decree 9.388/45), 4th.

Note: For many reasons, the creation and exploitation of the services mentioned in article 104 may be of national interest, and since the aircraft services are unfolding in a deficit manner, the Executive Power is empowered to subsidize those who are not in charge.

CHAPTER III

Passenger transport

ARTICLE 106. El Passenger transport contract must be tested in writing. In cases of passenger transportation by fixed itinerary services, the contract is checked with the ticket issuance.

New Americans: Draft 1935, 117; France, 39; Chilean project, 254; Italy, 940.

ARTICLE 107. El The ticket should indicate:

(a) Order number;

(b) Place and date of issuance;

(c) Point of departure and duty;

(d) Name and address of the carrier.

New Americans: Warsaw, 3rd; 1st; Uruguay, 123; Brazil, 70; Italy, 958.

Note: The requirements of the article, as well as most of the provisions of this chapter and IV and V, are the same as the Warsaw Convention. There is no reason to modify them. Self-experience has shown the rightness of the provision.

ARTICLE 108. . The absence, irregularity or loss of the ticket does not prejudice the existence or validity of the contract of carriage that will be subject to the provisions of this Code. But if the carrier accepts the passenger without issuing the ticket, it may not be prevalent of the provisions that exclude or limit their liability.

New Americans: Warsaw, third; second; Uruguay, 124 and 125; Brazil, 71.

Note: The provision has also been taken from the Warsaw Convention.

The last part of the article establishes a penalty that is undeniable; and this is the cause of a movement of opinion in the International Legal Committee, to modify it. However, the reasons given do not seem convincing. If it did not establish a serious sanction; if the carrier did not comply with the basic duty to issue the ticket, it would not only be subjected to many abuses, but would make it difficult for the authorities to inspect it and might be inconvenient to the passenger.

ARTICLE 109. . Passenger transport gives rise to the formation of a list, in double copy, one of which must be kept on board and presented when requested by the employees of the State responsible for the inspection of air traffic.

New American: Preliminary project 1935, 118.

ARTICLE 110. . In transports to foreign countries, the carrier may not board passengers, without the prior justification that they are provided with the necessary documents to disembark at the destination point.

New Americans: Draft 1935, 119; Chilean project, 259.

ARTICLE 111. National carriers are obliged to transport a delegate of the aviation authority to their aircraft free of charge on their aircraft. The square will be reserved up to 24 hours before the set for the departure. The same obligation is for foreign transporters to travel within the national territory.

The competent authority shall determine the type of aircraft in which, according to its capacity, the personnel concerned may travel.

New American: Preliminary project 1935, 121.

Note: The provision is paid by practice. The reasons that motivate her are indisputable. The term for the reserve of the square contemplates the interests of the conveyor.

CHAPTER IV

Transport of luggage

ARTICLE 112. El The transport of recorded baggage is checked with a guide that the transporter must issue in double copy. It will not include the personal objects that the traveler retains in his custody.

A copy of the guide will be delivered to the traveler; the other will be kept by the conveyor.

New Americans: Warsaw, 4th, 1st and 2nd; 1935, 122; Uruguay, 126; Brazil, 72.

ARTICLE 113. The guide should indicate:

(a) Place and date of issuance;

(b) Point of departure and duty;

(c) Name and address of the conveyor;

(d) Number of ticket tickets;

(e) Weight and quantity of packages;

(f) Amount of the declared value, if any;

(g) Indication that the delivery will be made to the carrier of the guide.

New Americans: Warsaw, 4th, 3rd; preliminary draft 1935, 123; Uruguay, 126; Brazil, 72.

Note: The provision is in conformity with the Warsaw Convention. In this case, there is also a tendency to modify article 4th, paragraph 3, which contains it; but it has been deemed appropriate to keep it, since in practice it does not present any disadvantages.

ARTICLE 114. . If the carrier accepts the baggage without handing over the guide, or if it does not contain the indication of the ticket number and the weight and quantity of the packages, the carrier shall not have the right to be covered in the provisions of this Code, which exclude or limit its liability, without prejudice to the validity of the contract.

New Americans: Warsaw, 4th, 4th, draft 1935, 124; Uruguay, 128; Brazil, 73.

CHAPTER V

Transport of goods

ARTICLE 115. La The letter is the legal title of the contract between sender and conveyor. It must necessarily express that it is air transport.

New Americans: Warsaw, 5th; 1935, 125; Uruguay, 129; Brazil, 74.

ARTICLE 116. La The porte letter will be extended in three copies: one for the conveyor, with the signature of the sender; another for the recipient, with that of the conveyor and the sender, and another for the sender, with that of the conveyor.

New Americans: Warsaw, 6th; 1935, 126; Uruguay, 130.

Note: The issuance of the letter of port with the destination indicated is of rigor and consultation the interests of the parties. It is also prescribed by the Warsaw Convention.

ARTICLE 117. La The letter must indicate, in addition to any other data required by the competent authority:

(a) Place and date of issuance;

(b) Point of departure and duty;

(c) Name and address of the shipper;

(d) Name and address of the conveyor;

(e) Name and address of the recipient, if any;

(f) Class of packaging, marks and numbering of packages;

(g) Weight and dimensions of goods or packages;

(h) Apparent state of goods and packaging;

(i) Transport price, if required;

(j) Price of goods and expenses, if shipment is made against refund;

(k) Import of the declared value, if any;

(l) Number of copies of the letter;

(m) The documents transmitted to the transport, with the letter of carrier;

(n) Transport time and route indication, if agreed.

New Americans: Warsaw, 8th; 1935, 127; Uruguay, 132; Brazil, 77.

ARTICLE 118. . If the shipper accepts the goods without the letter of carrier has been extended, or if it is not the indications expressed by points (a) and (g) of the preceding article, the carrier shall not have the right to accept the provisions that exclude or limit its liability, without prejudice to the validity of the contract.

New Americans: Warsaw, 9th; 1935, 128; Uruguay, 133; Brazil, 78.

ARTICLE 119. La The letter of porte makes faith, except proof to the contrary, of the conclusion of the contract, of the receipt of the goods by the transporter and of the conditions of the transport.

New Americans: Warsaw, 11; preliminary draft 1935, Uruguay, 135; Brazil, 80.

Note: As the letter of bearing the legal title of the contract, the provision of the article is its logical consequence. The presumption that emanates from its content is "juris tantum".

ARTICLE 120. La The letter can be extended to the carrier, to order or nominatively, transferring in the manner and with the effects provided for in the Code of Commerce for the titles to the carrier, to the order or nominatives.

New Americans: Italy, 962; Trade Code, 166.

CHAPTER VI

Post transportation

ARTICLE 121. . The implementation and operation of the postal air service is carried out and under the direction and control of the relevant ministries.

New Americans: Draft 1935, 130; Uruguay, 138.

ARTICLE 122. . Postal air transportation must be made by State-owned aircraft or, in addition, by individuals.

National Constitution, 40; draft 1935, 131.

Note: The provisions of this article faithfully follows the principle of article 40 of the National Constitution. In referring to particular aircraft, it contemplates the same possibilities that, for the post in remote areas, provide the stools and the individuals who collaborate with it. It is neither more nor less than an application to the air environment of the provisions of Law 816 Posts (Article 130 et seq.) in force.

ARTICLE 123. Las The provisions of the postal legislation shall apply, insofar as they are relevant to the correspondence transported by air.

New Americans: Draft 1935, 132; Act 816.

ARTICLE 124. . Air service operators are obliged to transport the correspondence assigned to them, in accordance with the provisions in force.

New American: Preliminary project 1935, 136.

PART IX

Search, assistance and rescue

ARTICLE 125. Todo Any aircraft owner shall, to the extent of his or her possibilities, be obliged to cooperate in the search for aircraft, at the request of the competent authority.

Note: It has been considered appropriate to create the obligation, for any aircraft owner, to collaborate in the search for missing aircraft, but only at the request of the competent authority. Emerging expenses and breakdowns incurred resulted in compensation, as provided for in article 128.

ARTICLE 126. El The commander of a flying aircraft will be obliged to provide the following reliefs:

1 Assistance to other flying aircraft in imminent danger;

2nd Salvation of persons in danger as a result of breakdowns suffered by the aircraft carrying them.

ARTICLE 127. . There will be no obligation to provide relief when any of the following circumstances arises: that the relief is secured in better condition; that its benefit will mean serious risks to persons on board, or that there is no possibility of providing useful relief.

Articles 126 and 127: C.I.T.E.J.A., article 1; preliminary draft 1935, 141; Uruguay 166; Chilean preliminary draft, 289; Brazil, 118; Italy, 981.

Note: The obligation of assistance is established, to all aircraft personnel, conditioned: (a) that there is no serious risk for themselves to passengers or crew; (b) that they may go to the place of danger with the possibility of providing useful relief. As is logical, the obligation concludes, when relief is secured by other people in better condition.

ARTICLE 128. . If the relief is rendered without obligation to do so, the aircraft operator will only have the right to be repaid if he has saved or contributed to saving someone. ARTICLE 129. Aircraft that have provided only assistance to another and those that have collaborated in the search for Article 125 shall be entitled to compensation for the emerging costs and breakdowns incurred during or as a direct result of the operation. ARTICLE 130. . Aircraft operators who have saved a person shall be entitled to compensation for the emerging costs and breakdowns incurred during or as a direct result of the operation.

Compensation shall be paid by the operator of the aircraft and shall not exceed the value of the aircraft before the accident.

ARTICLE 131. . The operators of aircraft who have saved goods shall have the right to a remuneration that shall be paid in the light of the risks and expenses and breakdowns suffered by the saviour, the difficulties of the rescue and the danger that are run by the aid and the value of the saved goods.

Remuneration, which in no case may exceed the value of the saved goods, shall be paid by the owners of the saved goods in proportion to the value of the saved goods, and the saviour may directly claim it to the operator of the rescued aircraft or to each of the owners.

ARTICLE 132. . If persons and property have been saved at the same time, the person who has saved has the right to an equal share of the agreed remuneration to which he has saved the property, without prejudice to the corresponding compensation. ARTICLE 133. . Compensation and compensation is due when it comes to aircraft of the same owner.

New Americans: Articles 128 to 133 C. I. T. E. J. A. 3o, 5o and 6o; preliminary draft 1035, 142, 143 and 144; Uruguay, 169; Italy, 984, 985, 987, 989 and 990; Chilean project, 294 and 295; Brazil, 122.

PART X

Responsibility

CHAPTER I

Damage caused to passengers or goods transported

ARTICLE 134. . The transporter is responsible for damages caused by death, injury or any other bodily injury sustained by a traveler, when the accident that caused the damage occurred on board the aircraft or during shipping or disembarkation operations.

New Americans: Warsaw, 17; preliminary draft 1935, 152; Uruguay, 147; Brazil, 83; Italy, 942; Chilean project, 272.

ARTICLE 135. El The conveyor is responsible for damages caused in cases of destruction, loss or breakdown of recorded baggage and goods, when the event causing the damage occurred during air transportation.

Air transportation, for the purposes of the preceding paragraph, includes the period during which baggage or goods are in the care of the carrier, either in an airfield or on board an aircraft, or in any place in the event of landing outside an airfield.

The period of air transportation does not include ground, sea or river transport, carried out outside an airfield, unless some of such transports have been carried out in the execution of an air transport contract in order to proceed to cargo or delivery or transfer. In such cases, it shall be presumed, except evidence to the contrary, that the damage has been caused during air transportation.

New Americans: Warsaw, 18; preliminary draft 1935, 153; Uruguay, articles 148, 149 and 150; Brazil, 84, 85 and 86; Italy 951; Chilean project 273.

ARTICLE 136. . The conveyor is responsible for the damage resulting from the delay in the transportation of traveller, baggage or goods.

New Americans: Warsaw 19; preliminary draft 1935, 154; Uruguay 151; Brazil 87; Italy, 942 and 951.

Note: The terms in which the conveyor is liable must necessarily result from what is stipulated in the ticket, the luggage bulletin or the letter of carrier. There is no analogy between air transport and any other means of transport. The article establishes the principle; nothing else. The parties must agree on the conditions.

ARTICLE 137. . The conveyor is responsible for the faults committed by the people who are under their dependence, such as employees, workers or servants, in execution of a fact of their functions.

The conveyor will not be liable, if it proves that the damage came from an excuseable fault of driving, driving the aircraft or sailing, and that, in all other orders he or the people under his or her dependence, have taken appropriate measures to avoid the damage, or it has been impossible for them to take them.

This test is still supported in the event that the damage comes from the aircraft ' s own fault.

New Americans: Warsaw, 20; preliminary draft 1935, 155; Uruguay, 155; Brazil, 88; Italy, 942 and 951; Chilean project, 279.

Note: The liability of the conveyor extends to the faults of the people under their dependence. It is the rule of article 1.113 of the Civil Code.

The provision of part two of the article does not deviate from the provisions of the Warsaw Convention.

ARTICLE 138. . The courts may remove or mitigate the liability of the carrier, if the injured person has caused or contributed to the damage.

New Americans: Warsaw, 21; 1935, 156; Uruguay, 154; Brazil, 90.

Note: This is the case of concurrence of guilt; it is common law.

ARTICLE 139. - In the transport of persons the liability of the transporter in relation to each traveler is limited to the sum of forty thousand pesos national currency ($ 40,000); however, a higher limit may be fixed, by express agreement between the transporter and the passenger.

In the transport of luggage and goods, the liability of the transporter is limited to seventy-five pesos with sixty cents national currency ($ 75.60) per kilogram of gross weight, to the sum of one thousand five hundred pesos national currency ($ 1,500) per passenger, except for special declaration of interest of the delivery, made by the shipper at the time of the transfer of the packages to the transporter and by payment of a supplementary rate. In such a case, the carrier shall be obliged to pay the stated amount, unless it proves that the value of the goods is less or that such amount is greater than the actual interest of the shipper in the delivery.

With regard to the objects the passenger maintains, the liability is limited to one thousand five hundred pesos national currency ($ 1,500) per passenger.

New American: Warsaw, 22; preliminary draft 1935, 157; Uruguay, 156; Brazil, 91; Italy, 941 and 952.

Note: Limitation of responsibility is one of the fundamental bases of the Warsaw Convention, imposed by practical needs. Integral liability makes insurance impossible, as the premium would be prohibitive; and without insurance there can be no air transportation.

ARTICLE 140. Any clause that purports to exempt the carrier from its liability or to set a limit below that specified in this chapter is null and void; but the invalidity of such clauses does not imply that of the contract, which is subject to established requirements.

New Americans: Warsaw, 23; Project 1935, 158; Uruguay, 157; Brazil 92.

Note: It is the counterpart of the previous, restrictive provision of responsibility. The third of the basic principles of the Warsaw Convention, which the draft accepts: contractual liability, limitation of liability and nullity of clauses that exempt liability or set a limit below the established.

ARTICLE 141. . The conveyor will not have the right to be covered in the requirements of this chapter that exclude or limit its responsibility, when the year comes from its dolo, or from the dolo of some of the people under its dependence, acting in exercise of its functions.

New Americans: Warsaw, 25; preliminary draft 1935, 159; Uruguay, 136, 2nd part; Brazil, 93; Italy, 943 and 952; Chilean project, 279.

Note: The causes of exoneration and limitation of liability are established for the carrier, taking into account the nature of the medium used. It is inadmissible to maintain its protection when the damage caused by its dolo or that of persons under its dependence has occurred in the exercise of its functions.

ARTICLE 142. El The receipt of baggage and goods without protest by the recipient shall constitute presumption, except evidence to the contrary, that they were delivered in good condition and according to the title of the transport.

New Americans: Warsaw, 26 (1); preliminary draft, 1935, 160; Uruguay, 158; Brazil, 94, 1st part; Italy, 954 "in fine".

Note: The reception of baggage or goods without objection implies conformity; it constitutes a presumption "juris tantum" which can be proved contrary to judicially produced.

ARTICLE 143. . In case of breakdown, the recipient must direct the carrier to his protest within three days for the luggage, and ten days for the goods, to count from the date of delivery. In the event of delay, the protest shall be made within 10 days of the date on which the baggage or the goods must have been made available to the recipient.

New Americans: Warsaw, 26, 2nd and 4th; preliminary draft 1935, 161; Uruguay 158, paragraphs 2nd, 3rd, and 4th; Brazil, 94, paragraphs 1st, 2nd and 4th; Italy 954.

Note: It is intended to set the time limits on which users will have to make the protest that constitutes the indispensable condition for later commencement of action for damages. The distinction in cases of breakdowns in luggage and goods is due to the fact that, in practice, the first are controlled at the time they arrive.

ARTICLE 144. . If the planned trip had been interrupted or had not been carried out, the passenger has the right to refund the proportional portion of the ticket price for the unrealized journey and the payment of the ordinary travel and station expenses, from the landing place to the nearest place in order to continue the journey, in the first case, and to the return of the ticket price in the last.

The passenger who is not present or who is late to participate in the flight for which the ticket has been issued, or who interrupts the trip, shall not be entitled to require the full or partial refund of the amount.

In the event of the departure of the aircraft with all the places occupied, the competent authority may arrange for the full or partial return of the ticket price and establish the requirements and conditions for the purpose.

New Americans: Draft, 1935, 162; Italy, article 401, 402, 403, 404, 405 and 406.

Note: The first paragraph contemplates two hypotheses: (a) interruption and suspension; (b) not carrying out the journey. In the first, the reimbursement for the unrealized part, with payment of the expenses until the journey can be continued, is an equitable solution. In the second, no transportation, without the passenger's fault, corresponds to the refund of the ticket price.

The second and third paragraph contemplate the case of the unrealized journey, imputable to the passenger, and the equitable solution in the circumstances it expresses.

ARTICLE 145. . In cases of successive or combined transports, the conveyor responds by the following conveyors. These shall have the right to record in the letter of carrier, the state in which the goods are transported, presumably, in the absence of that statement that they have received in good condition.

New Americans: Warsaw, 30; preliminary draft 1935, 163; Uruguay, 152; Brazil, 95.

Note: The legal nature of the transport contract explains why the carrier when using other companies to carry out the agreed transport, responds by the following carriers. The conveyor compromises a result. Between the second or third transported and the shipper there is no legal link. The second part governs the relations between successive transporters. It establishes a presumption "juris tantum".

ARTICLE 146. . In case of successive transports carried out in part by air and in part by any other means of transport, the provisions of this Code apply only to air transport.

New Americans: Warsaw, 31; first draft, 1935, 164; Uruguay, 150; Brazil, 86.

Note: The provisions of this article are due to the special characteristic of air transport.

There is no reason then to justify its application to a non-air transport.

ARTICLE 147. . Without prejudice to the provisions of the previous article, the parties may agree on conditions relating to the other means of transport.

New Americans: Warsaw, 31, paragraph 2; preliminary draft 1935, 164; Uruguay 150.

Note: It has been left to the will of the parties, to rule the conditions of the land, sea or river transport, refraining from doing so with the combined transport, as it is currently under experimentation, which is of practical interest to the issue.

ARTICLE 148. . The loss suffered in the event of a lap, will be supported by the aircraft, freight and cargo, proportionally to the value of them.

New Americans: Draft 1935, 165.

Note: In case of need, and in order to save the aircraft and the rest of the load, equity justifies that the loss is supported among those who helped to save.

CHAPTER II

Damage caused to third parties on the surface

ARTICLE 149. . Damage caused by an aircraft or by an object falling from it gives the right to reparation for the fact that it is proved to come from one or another circumstance. This in the preceding paragraph shall rule from the moment when the aircraft, by its own means, begins to move to embark on the flight, until the time when, having completed the flight, it ceases to move through its own means.

New Americans: Rome Convention of 1933, article 2, preliminary draft 1935, 167; Uruguay, 160 and 161; Brazil, 97 and 98; Italy, 965; Chilean project, 285; France, 53.

Note: The fundamental provisions regarding damage caused by third parties on the surface have been taken from the Rome Convention.

The dominant principle is the call for responsibility without objective guilt or the risk created. Just establish the connection between the fact and the damage. The second part of this article refers to the damage caused by an aircraft when such, i.e., when it has ceased to be an inactive object to become an operating air machine. Thus, the damage caused by the aircraft during the reel, those coming from the wind from the engines in action, and others, enter the precept, even if they are prior to the takeoff race. Other damages would undoubtedly enter the rules of civil liability.

ARTICLE 150. . The responsibility set forth in the preceding article rests with the operator of the aircraft. The case that the name of the operator is not registered in the National Aircraft Registry, responds in solidarity with the owner.

New Americans: Rome, 4th; preliminary draft 1935, 169; Uruguay, 162; Chilean project, 286 and 287.

ARTICLE 151. . The one who does not have the disposition of the aircraft uses it without the consent of the operator, responds to the damage caused. The operator who has not taken the appropriate measures to prevent the illegitimate use of his aircraft responds, in solidarity, with the cause of the damage.

New Americans: Rome, 5th; preliminary draft 1935, 170.

Note: There is a double situation. The one used by the aircraft and the operator who has not taken the necessary precautions to avoid the illegitimate use of the aircraft. Solidarity responsibility is established.

ARTICLE 152. . Liability for damage to third parties may be eliminated or reduced in the event that the person who has suffered it has caused or contributed to causing it.

New Americans: Rome, 3rd; 1935, 171; Italy, 965 "in fine" and 966.

Note: The case of the concurrence of guilt is repeated here, the solution of which cannot be any other than that established by it.

ARTICLE 153. . The operator is responsible for each accident to the concurrence of an amount fixed at the rate of seventy pesos national currency ($ 70) per kilogram of aircraft weight. The weight of the aircraft is understood with the maximum total load that establishes the certificate of navigability.

However, the limit of the operator's responsibility cannot be less than one hundred and fifty thousand pesos national currency ($ 150,000) or more than seven hundred and fifty thousand pesos national currency ($ 750,000). The third part of this value is affected by the repair of damages caused to persons, without, in the latter case, the expected compensation may pass from forty thousand pesos national currency ($40,000) per person damaged.

New Americans: Rome, 8th; preliminary draft 1935, 172; Brazil, 102; Uruguay, 163; Italy, 967 and 968.

Note: The same criterion of the Rome Convention is followed. Among the various systems of limitation of liability, all of which are subject to serious observations, one has been chosen which seems less bad, which is to relate to the weight of the aircraft.

ARTICLE 154. . If several people have suffered damage in the same accident and the lump sum to pay exceeds the limits provided for in the previous article, the proportional reduction of the right of each one must be done, so as not to pass, together, the above limits.

New Americans: Rome, 9th; preliminary draft 1935, 173; Italy, 969.

Note: Subject to the limitation principle, the provision of the article is imposed so that total compensation does not exceed it.

ARTICLE 155. . The operator shall not be entitled to take precedence over the provisions limiting its liability, if the damage comes from its dolo or the dolo of persons under its dependence, unless it proves, if it is, that it has taken appropriate measures to prevent the damage.

New Americans: Rome, 14; project 1935, 174; Italy, 971; Brazil, 102 "in fine".

Note: The article softens the consequences of the integral responsibility that corresponds in case of dolo, maintaining the limitation, if the appropriate measures have been taken to avoid the damage, when the dolo is of the people who are under the dependence of the operator. He is not exempted from liability; he is only allowed to protect the limitation clauses. The provision has been criticized because it introduces idea of guilt and admits limited liability.

CHAPTER III

Damage caused by free transport

ARTICLE 156. ). In case of free transportation, which is not carried out by a public transport company, the liability of the carrier is limited to the sum of twenty thousand pesos national currency ($ 20.020).

New Americans: Draft 1935, 186; Uruguay, 153; Brazil, 83 "in fine"; Italy, 947.

Note: Of course, it is advisable to clarify that the expression free transport, may not be legally appropriate, because transport requires, like the sale and the location, that it means a price. In truth, there is no "animus negoti contrahendi" and therefore reciprocal obligations. Responsibility is not contractual but criminal. However, it is adopted in the project, being of current use and expresses its meaning clearly.

The provision does not apply to public transport companies. The free transport is generally apparent. The situation of the particular is different: non-trade and as the person transported knows and voluntarily submits to the risks that may import an activity that has not yet evolved as the other means of transport, the limitation of liability is authorized.

ARTICLE 157. . The conveyor can be exempted from liability, by agreement and express with the passengers.

New American: Preliminary project 1935, 187.

Note: For the same reasons set at the end of the previous note, it is permitted to expressly agree on liability exemption clauses, despite the fact that this is a liability based on articles 1.109 and 1.113 of the Civil Code.

ARTICLE 158. . The conveyor is not responsible, if the circumstances provided for in article 137 occur and proves that he and the persons under his or her dependence have taken appropriate measures to prevent the damage or that it has been impossible for them to take.

New Americans: Draft 1935, 188.

Note: Responsibility has been circumscribed to the lack of the conveyor; it does not mean anything else, to accept the proof that he and the people under his dependence have taken appropriate measures to avoid the damage or that it has been impossible to take them.

CHAPTER IV

Damage to persons and goods shipped in case of boarding

ARTICLE 159. . It is understood by air boarding, any collision between two or more aircraft in flight.

Damage caused by an aircraft flying to another aircraft, also in flight, or to persons or goods on board, even if there is no collision, is considered as coming from an approach.

New Americans: Draft 1935, 176; Brazil 127.

Note: The concept of boarding is taken in the wider range, thus regulating the repairs of all the damages that one aircraft in flight can cause to another, also in flight. Cases in which a machine is on the ground or in the water are excluded, since the case is considered to fall into the category of damage to third parties on the surface.

ARTICLE 160. . If the boarding is caused by one of the aircraft, the liability for damages is your responsibility.

He is not responsible, if the circumstances provided for in article 137 occur.

They remedy the limitations prescribed in article 141.

New Americans: Draft 1935, 177; Brazil, 128.

Note: Appropriate as the basis of the responsibility, fault or guilt of the person who caused the damage; article 1.109 of the Civil Code is applied. They constitute causes of exoneration: the fortuitous case, the force majeure and the fault of the injured party, because of the fact that responsibility is based on the fault.

ARTICLE 161. . If there is a concurrence of guilt in the approach, the responsibility of each aircraft for the damage to the same aircraft, to the persons and to the goods on board is proportional to the severity of the fault.

If the proportionality of the fault could not be determined, the responsibility is equal.

New Americans: Rome, 6th and 7th; preliminary draft 1935, 178; Brazil, 130.

Note: The article consecrates the existing case law on concurrent guilt; it obeys principles of justice and equity. The proportion is based on the seriousness of the faults and not the damages, in order to maintain the principle of moral imputability.

ARTICLE 162. La The responsibility set forth in the preceding article is in solidarity, without prejudice to the right of the person who has paid a greater amount than the corresponding amount, to repeat against the co-author of the damage.

New Americans: Rome, 6th and 7th; preliminary draft 1935, 179.

Note: solidarity works in cases where the boarding has caused damage to persons or goods on board. It remains, to which he has paid a greater amount than that corresponding to his lack of the right to repeat against the co-author.

ARTICLE 163. . Liability ceases in case of fortuitous or force majeure.

New American: Preliminary project 1935, 180.

CHAPTER V

Damage caused to third parties on the surface in case of boarding

ARTICLE 164. . In the event of damage caused to third parties on the boarding area of two or more aircraft, the operators of these aircraft respond in solidarity to the victims of the damage, in the terms of the preceding article.

New Americans: Rome, 6; preliminary draft 1935, 181; Italy, 978.

Note: The responsibility of aircraft operators, with regard to damage to third parties on the surface, is objective and limited (article 149 and 153). This principle is also applicable in cases where the damage is caused by an approach.

ARTICLE 165. . If the approach occurred on the basis of one of the aircraft, the innocent aircraft has the right to repeat from the first, the amount of compensation that had been awarded to the victims, because of solidarity.

If there was a fault, the aircraft which, as a result of solidarity, had paid a greater amount than due, had the right to repeat the surplus against the other.

New Americans: Draft 1935, 182; Italy, 978.

Note: The following criteria are maintained in articles 160 and 161. For the purpose of distributing responsibility, the lack is taken into account. In the event of guilt, responsibility weighs on the severity of the fault committed. There is always the right, to which, by virtue of the solidarity established in the previous article, it has paid more than is appropriate to repeat against the other operator.

ARTICLE 166. El The operator sued for repair of the damage caused by the approach must, within six months, counted from the date of the notification, let the operator know against whom he intends to exercise the right that he agrees to the preceding article, under the penalty of expiry.

New Americans: Rome, 10; Draft 1935, 183; Italy, 979.

ARTICLE 167. . If the approach has occurred on a fortuitous case or force majeure, each aircraft bears responsibility in the limits and conditions provided, with which it has paid a greater amount than it is, the same right to repeat the surplus.

New Americans: Draft 1935, 184.

Note: In these cases, there is no fault, the aircraft bear the obligation to repair within the limits of article 153.

ARTICLE 168. . The persons responsible on board each aircraft are obliged to report the accident to the authorities of the place in which it has occurred.

New Americans: Draft 1935, 185; Brazil, 131.

Note: This is a provision to prevent the concealment of the fact.

PART XI

Insurance ARTICLE 169. Todo Any interest on the aircraft, can be assured up to its total value, against all the risks of air circulation, excluding those that come from the intentional fact of the owner of the aircraft or the insured.

Code of Commerce, arts. 492 and 493; preliminary draft 1935, 192; Brazil, 109; Uruguay, 110; Chilean project, art. 225; Italy, book 3o, title IV, part 2

Note: Act No. 134 establishing trade aeronautical insurance operates as mutual insurance for companies expressly established in article 1 of the same.

ARTICLE 170. . The air carrier is obliged to ensure against accidents likely to occur in the performance of the service, its regular or occasionally navigating personnel, which is not covered by the respective law.

The insurance must cover an amount equal to forty times the fixed monthly salary, within a maximum of eighty thousand pesos national currency.

The appropriate authority shall determine how to give effect to the preceding provisions: establishing the nature of the incapacities resulting from accidents; the nature of them; the scale of assessment of the decrease in incapacity for work; and the way of exercising the respective action.

New Americans: Draft 1935, 194; Brazil, 115; Uruguay, 110 and 111; Chilean project, 235; Italy, 935; Law 12.921 (Decree 16.130/46), art. 29; Swiss law 1949, art. 70.

Note: A principle of social solidarity informs the provision of this article. It has risen to the ceiling, taking into account the current standards, in aeronautical activities.

ARTICLE 171. . The air carrier is obliged to constitute insurance for the years planned, within the limits of Title X.

The insurance may be replaced by a cash deposit or national titles, or by a bank guarantee.

Insurances by accident of personnel domiciled in the Republic or for damage caused by air transportation, whether to passengers and goods or to third parties and their property, in Argentine territory, shall be contracted in companies that meet the requirements of the respective law.

However, in the case of foreign air carriers, the insurance may be contracted in legally authorized companies for that purpose at the place of registration of the aircraft. The executive branch shall establish the guarantees to be required to ensure the fulfilment of the purpose of that title.

New Americans: Draft 1935, 195; Uruguay, 110; Swiss law, art. 71; Italy, book 3rd, title IV, part 2; Brazil, 117, part one.

Note: Establishing the limitation of liability, the insurance that covers it is an inescapable consequence to safeguard the interests of passengers, shippers and third parties and even the same operators. According to paragraph 2 above, insurance may be replaced by an efficient guarantee, such as those indicated. The purpose of the third paragraph is to guarantee persons living in the Republic and their property within the country.

ARTICLE 172. . The general insurance standards set out in the Trade Code are applicable to air insurance, as long as they are not incompatible with the exercise of air navigation, nor are they contrary to this Code.

New American: Preliminary project 1935, 196.

Note: Predominate in this article the rule of not repeating legal requirements whose application corresponds. The same only referred to the "legal rules" of insurance and not to typical institutions that like the "abandon" appear legislated for shipping and in certain cases for river transport or land.

ARTICLE 173. . In cases where the operator of several aircraft complies with the obligation of Code in the form of an effective deposit or to constitute the assurances provided for in this bank guarantee, the guarantee shall be deemed sufficient to support the responsibility of all aircraft, if the deposit or warranty reaches two thirds for each aircraft if these are two, or half, if it is three or more. In any case, the entire guarantee will be considered covered if it reaches eight hundred thousand pesos national currency ($800.000) when two aircraft and one million pesos national currency ($1.000.000) if it is three or more.

New Americans: Draft 1935, 197; Brazil, 117.

Note: Since it is not possible for all aircraft to cause harm at the same time, the article considers the guarantee to be covered with the criterion of moderating the cost of the insurance, without any reduction.

ARTICLE 174. . Can not be excluded from life insurance or accident contracts established in the country, the risk resulting from transportation in fixed air services.

New American: Preliminary project 1935, 199.

Note: The provision is not common in aviation or insurance laws, but there is no reason not to include the risk indicated in the contract.

PART XII

Inspection ARTICLE 175. The competent authority is responsible for the inspection of commercial aircraft services. The effect corresponds to it:

1 To demand compliance with the orders and instructions provided for in the authorization or recognition to operate and compliance with the provisions of this code and regulations issued;

2nd Demand that the service be provided in the appropriate manner;

3. To exercise the technical, economic and financial control of the company;

4th Suspend the service, in the event that the necessary security conditions are not met and allow reboot, when the deficiencies have been overcome;

5th Prohibiting or preventing the use of flight material that does not provide the necessary security;

6th Inspect the material used in the construction and repairs, and the manner in which they are made;

7th Require that aeronautical personnel fill the conditions required by the existing provisions;

8th Performance of all other technical and monitoring functions entrusted to it by the executive branch;

New American: Preliminary project 1935, 197.

Note: Where the exploitation of aerocommercial services by individuals is permitted under article 40 of the National Constitution, article 27, paragraph 8 of Law 13.529 and article 98 of this project, the provisions of this article shall be applied, which aims to promote the safety, regularity and efficiency of the services. Prescriptions are normal.

PART XIII

Caduced

ARTICLE 176. El The Executive Power, after a report by the competent authority, may declare the expiry or withdrawal of the authorized authorization for the exploitation of air services.

1o If there are no grounds for general utility that were given in granting it;

2nd if the authorised company fails to comply with its substantive obligations, or if it repeatedly fails to comply with obligations of minor importance.

3o If the service was not initiated within the term set out in the authorization.

4o If full or partly service is interrupted, without justified cause or without authorization from the competent authority.

5o When the authorised company was contested or declared in a state of bankruptcy or society was dissolved by court ruling.

6th Where the authorization has been granted in contravention to the provisions of article 104;

7o When the assurances prescribed in Title XI had not been constituted;

8th If the company opposed technical, economic or financial control.

New Americans: Draft 1935, 138.

Note: It is the consequence of the previous article. Where there are grounds for the importance of those mentioned above, the sanction established must necessarily take place.

ARTICLE 177. . In the cases of subparagraph 5 of the preceding article, the authority in the matter shall notify the respective authority so that it may intervene in defence of the rights and interests of the State.

New Americans: Draft 1935, 139.

ARTICLE 178. . Before the expiration statement or the return of the authorization, the data subject must be heard in order to produce the proof of discard. The relevant authority shall establish the procedure to be followed.

New Americans: Draft 1935, 140.

PART XIV

Prescription ARTICLE 179. : They are prescribed at six months:

1o The actions to claim the preferences agreed to in Article 53. The term runs from the moment the credit is required.

2nd The actions against the operator for the repetition of the sums that another operator has been forced to pay, under the circumstances of articles 165 and 167. The term runs from the date of payment.

New Americans: Draft 1935, 190; Chilean project, 299 and 300; Brazil, 159.

ARTICLE 180. : They are prescribed per year:

1o Compensation for damages caused to passengers or goods transported. The term is counted from the arrival at the duty station, or from the day the aircraft should have arrived, or from the arrest of the transport, or since the person is declared absent with presumption of death.

2nd The damage repair actions caused to third parties on the surface. The deadline begins to run from the day of the event. If it does not appear that the injured person has been aware of the damage or identity of the responsible person, the prescription begins to run from the day he was able to have knowledge. In these cases the action is prescribed at three years from the day the damage was caused.

3o Damage repair actions in cases of handling. The term is counted from the day of the fact.

New Americans: Draft, 1935, 191; Brazil, 159.

ARTICLE 181. . Compensation and compensation in cases of search, assistance and rescue are prescribed at two years. The term runs from the day these operations were finished.

New Americans: Draft, 1935, 192; Brazil 159.

PART XV

Competent jurisdiction and applicable legislation ARTICLE 182. . Define the subject matter of national legislation, concerning air circulation in general, and especially the installation and operation of airfields for international and inter-provincial air navigation or air services connected to them; the granting of titles for aviation personnel and the issuance of certificates, as well as the registration and navigability of aircraft.

National Constitution, article 66, paragraph 11; preliminary draft, 1935, 145; Law 13,012, article 2 (c), (a) and article 3, paragraph 47; Law 13.998.

ARTICLE 183. . It corresponds to the Supreme Court of Justice and the Inferior Courts of the Nation, the knowledge and decision of the cases concerning navigation or air trade in general and the offences that may affect them.

New Americans: National Constitution, 95, Swiss law of 1949, 1, 36 and 46; Act No. 48, section 2o, paragraphs 8/10 and article 10; Act No. 13.998.

ARTICLE 184. The events, the acts committed and the crimes committed in a foreign public aircraft on Argentine territory are governed by the flag law and will be tried by their courts. ARTICLE 185. . If a foreign public aircraft had entered Argentine territory, without prior authorization, or violated the requirements of the air traffic police, it may be forced to land and be detained until the clarification of the case has occurred.

New Americans: Articles 184 and 185; preliminary draft, 1935, 146.

Note: the doctrine of this article and the following, up to 189 even, has been widely exposed in congresses and conferences and has deserved preferential attention from jurists. It is perhaps where the aeronautical right has more typical characters.

The passive doctrine and law have initially contemplated two exclusive resolutions: the territorial competence and the flag of the aircraft.

The articles adopt the median system of restricted territorial competence, bringing the first landing into play, as an indispensable factor in identifying the culprit and instituting the summary. It was the conclusion that, after many difficulties, the Budapest Congress of 1930 came.

ARTICLE 186. . The acts committed and the crimes committed in an Argentine private aircraft, on Argentine territory or where no State exercises sovereignty, are governed by the laws of the country and will be tried by its courts.

If they had occurred on foreign territory, only the jurisdiction of the Argentine courts and the application of their laws, if a legitimate interest of the State or persons domiciled therein had been injured or the first landing after the act, act or offence had been carried out in the Republic.

New Americans: Draft 1935, 147 and 148; France 10, Air Code, 23.

ARTICLE 187. de In the events, the acts committed and the crimes committed, in a foreign private aircraft, in flight over Argentine territory, the jurisdiction of the Argentine courts, and the application of their laws only corresponds in the case of:

1 Infraction of public security, military or prosecutorial laws.

2nd Infraction of laws or regulations of air circulation.

3o That they commit security or public order or affect the interest of the State or of the persons, or the first landing after the act, act or offence, if it does not mediate, in the latter case, extradition request.

If extradition has been requested, it shall be done in accordance with the law in the matter.

New Americans: Air Code, 30; Greek law of 1931, article 5o.

ARTICLE 188. The births, deaths, marriages and testaments that occur on an aircraft over Argentine territory will be recorded by the commander or the person performing his duties, extending a record in the corresponding aboard book.

In the first place in which the aircraft lands, the commander will hand over a copy of the record to the competent authority for further effects if the locality is part of the Argentine territory; the Argentine consul, if not; and, in the absence of the latter, the copy of the record will be forwarded, under certificate, to the competent authority.

New Americans: Draft 1935, 150; law on general channels of communication of Mexico, article 431; Italy 834, 835, 836 and 888.

ARTICLE 189. Las The provisions relating to competent jurisdiction and applicable legislation in civil, commercial or criminal matters govern air circulation, as soon as they are not in contradiction with those of this Code.

New Americans: Draft 1935, 151.

PART XVI

Violations and penalties

CHAPTER I

Missing

ARTICLE 190. ). Offences to the provisions of this Code not provided for in this title, and the infractions to the regulations that are determined by it, shall be determined by the Executive and punished with temporary or definitive disqualification and/or fine of up to ten thousand pesos national currency ($10.000).

New Americans: Preliminary draft, 1935, 200.

Note: Both this article and the following three have been drafted taking into account the clear distinction made by the project between offences and offences (Chapter I and II of Title XVI)

In order to repress the first ones whose determination is specified in the same law is, in addition to difficult, inconvenient, the administering power is empowered to specify them and to determine the penalty for each one, always within the maximum limit established by the article.

The discretionary power that the article agrees to the executive branch, to impose sanctions within the specified limit and for the above-mentioned cases, may seem to be without legal basis, because by not specifying the articles which the offences are punished, specifying them, the executive branch will have the means to create infringements, which is legislative function.

It is a matter of avoiding the impunity of a large number of infractions of a minor entity that it is essential to repress for the benefit of the aircraft and will thus be covered generically in this article. As far as the application of the relevant sanctions, jurisdiction, competence and procedural provisions is concerned, it is set out in the following articles:

ARTICLE 191. . The penalties provided in the previous article shall be applied by the competent administrative authority, except for the final disqualification that may be only provided by the Executive.

New Americans: Draft 1935, 201; Italy, 1253/54; France, 69; Decree of 30-VII-26, 107 and 108.

ARTICLE 192. El The procedure to be followed for the implementation of these sanctions, the determination of the administrative authorities empowered to impose them in each case and to understand in the cases of appeal, shall be determined by the Executive. ARTICLE 193. . The penalties for final disqualification and/or fine of ten thousand pesos national currency ($ 10,000) will ultimately be appealed to the competent judicial authority.

CHAPTER II

Offences

ARTICLE 194. : They will be punished with imprisonment from three months to one year:

1o The driver of an aircraft disqualified by failing to meet the minimum security requirements.

2nd Those who did not comply with the provisions of article 126.

New Americans: Draft 1935, 209; Italy, 1215, 1216, 1114 and 1158; France 62, Decree 536/45, 37; Criminal Code, 195 and 196.

Note: The types and figures of mainly aeronautical crimes are grouped in the following articles.

ARTICLE 195. . It will be sanctioned with imprisonment from six months to two years that clandestinely flanks the border by places other than those established by the competent authority, or deviates from the prefixed air routes to enter and leave the country.

New American States: Draft 1935, article 202.

ARTICLE 196. . It will be sanctioned with imprisonment from six months to three years that will clandestinely fly over forbidden areas.

New Americans: Draft 1935, 202 (6); Italy 1201; France, 62 and 64.

ARTICLE 197. . He shall be sentenced to imprisonment from two months to five years, who shall conduct an aircraft without having an enabling title and the official who, for failing to properly check the conditions of the driver, shall issue the enabling certificate without the necessary conditions in which he requests it.

If any person is killed, the maximum penalty shall be up to twenty-five years ' imprisonment or imprisonment.

New Americans: First draft 1935, 212; second paragraph; Italy 1223; France, 62.

ARTICLE 198. . Sentence for at least six months ' imprisonment for any of the infractions sanctioned in this Code shall be accompanied by a ban on the integration of the aircraft crew for a period of one to three years, following the enforcement of the penalty.

In the event of recidivism, the culprit shall be given the final prohibition of performing aeronautical activities.

New Americans: Draft 1935, 219; France, article 69.

PART XVII

Police and procedures ARTICLE 199. La The airfield police and other aeronautical sites throughout the territory of the Republic will be exercised exclusively by the air force. ARTICLE 200. La The organization and functions of the Aeronautical Police shall be established in a special law which shall be issued for this purpose.

Note: The unifying exercise of the aeronautical police of order and security, which in our country is subject to various authorities, has been considered extremely important. But just as it is the law of organization of ministries that has distributed functions, acknowledging this important one, it is certainly correct that a special law establishes its organization and functions.

ARTICLE 201. . Every time a violation of this Code is verified, or an aircraft damages, the competent authority shall file a record with witnesses in relation to the events, the perpetrators and the victims, and other elements of the trial, and shall bring the proceedings to the appropriate judicial or administrative authority.

Only in the event of an offence may members of the crew of an aircraft be detained, seeking their immediate replacement and avoiding, as far as possible, the interruption of the journey.

New American: Preliminary project 1935, 222.

ARTICLE 202. . If any offence or offence is committed during a trip, the commander or the person performing his or her duties must take the necessary measures to ensure the offender or offender, which will be available to the competent authorities in the first airfield to which he or she arrived, accompanied by a detailed part of the fact indicating the persons who witnessed him.

New American: Preliminary project 1935, 224.

ARTICLE 203. . The staff designated or specially designated by the aeronautical or customs authorities is responsible for enforcing the provisions contained in this Code.

New American: Preliminary project 1935, 225.

ARTICLE 204. . The judicial, police and other competent authorities shall be seized of the objects mentioned in articles 7 and 8, which are found on board the aircraft without the required special authorization; if the confiscation is signed, they shall be referred to the aeronautical authority.

New American: Preliminary draft, 226.

ARTICLE 205. El The amount of the fines provided for in this Code will go to the fund to promote civil aviation.

New American: Preliminary project, 227.

PART XVIII

ARTICLE 206. El The executive branch will promote the development of sports aeronautics, through grants and other aids to entities organized in the manner established in the regulation, which will end the practice of flight, the formation of pilot schools, the construction of airfields and the provision of other services to be determined.

Italy 842 and 846.

ARTICLE 207. . Aeroporative entities shall be constituted as legal persons and shall comply with the other requirements established by the regulation.

Sport aircraft may be dispensed from carrying all or part of the onboard books set out in this Code.

New Americans: Italy 839, 840 and 845; law of Spanish bases, 26.

ARTICLE 208. . Each time an aviation accident occurs the aeronautical authority will investigate the causes that have motivated it, will have the necessary measures to avoid its repetition and apply the penalties that the case would have given.

Foreign private aircraft that suffer accidents in Argentine territory and private Argentine aircraft that suffer accidents in foreign territory shall be subject to the technical investigation contained in the provisions of international conventions.

New Americans: Italy, 832 and 833; law of Spanish bases, 24.

ARTICLE 209. Any inhabitant who takes knowledge of the existence of remnants or divestments of an aircraft shall notify the authorities within ten days. ARTICLE 210. El This code will enter into force on January 1, 1952. ARTICLE 211. todas All legal and regulatory provisions that are opposed to the present are repealed.

A. TESAIRE	A. J. BENITEZ
Alberto H. Reales	Eduardo T. Oliver