254/1998 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 19 July. June 1948 was in
Geneva adopted the Convention on the international recognition of rights in aircraft.
With the Convention gave its assent, Parliament of the Czech Republic.
The instrument of accession of the Czech Republic to the Convention on the international recognition of
the rights to the aircraft was deposited with the Secretary-General of the international
Civil Aviation Organisation, the depositary of the Convention, on July 24. August 1998.
Convention entered into force, pursuant to article XX, paragraph 1. 1 day 17.
September 1953 and for the Czech Republic shall enter into force in accordance with the
the wording of paragraph 1 of article XXI. 3 on 22 October 2005. November 1998.
Czech translation of the Convention shall be published at the same time.
CONVENTION
about the international recognition of rights in aircraft
as the International Civil Aviation Conference held in Chicago in
November to December 1944, has recommended an early adoption of the Convention on the transfer of
ownership of the aircraft,
in that is in the interest of the future expansion of international civil aviation
highly desirable that rights to the aircraft are recognised internationally,
the undersigned, duly empowered, on behalf of their Governments, have agreed as follows:
Article. (I)
(1) the Contracting States undertake to recognise:
(a) the proprietary rights to the aircraft;
(b) the rights of the holder of an aircraft be is buying;
(c) the right to possession of the aircraft on the basis of lease contracts
period of at least six months;
(d) of the Charter, mortgages and similar rights to the aircraft that are
contractually created as payment of debts; If the rights
(i) has been established in accordance with the laws of the Contracting State in which the
the nationality of the aircraft has been registered at the time of its creation, and
(ii) they are duly registered in the public register of a Contracting State, in the
which it is registered by the nationality of the aircraft.
The accuracy of the subsequent registration in each of the Contracting States,
determined by the law of the Contracting State in which it is registered
the nationality of the aircraft at the time of the registration.
(2) Nothing in this Convention shall prevent the recognition of any of the rights to the aircraft
under the law of any Contracting State; However, the Contracting States
do not accept or recognize any right as a parent rights referred to
in paragraph 1 of this article.
Article II
(1) all entries concerning the aircraft must be made in
the same register.
(2) Unless otherwise provided in this Convention, determine the effects of registration
any of the rights referred to in article I (2) 1 against third parties in accordance with
the legal order of the Contracting State in which it is registered.
(3) a Contracting State may disable writing of any law which, in
the legal system of that State cannot be validly established.
Article. (III)
(1) the address of the authority responsible for the keeping of records must be listed on the
each certificate of registration of the nationality of the aircraft.
(2) any person is entitled to obtain copies or a duly verified
listings of registered data from that Office. These copies or extracts shall be
to represent the legal evidence of the content writing the obvious.
(3) if the law of a Contracting State provides that loading a document
the file has the same effect as the registration, you will have the same effect for
the purpose of this Convention. In this case, it is necessary to take the appropriate measures,
that the document was available to the public.
(4) for services provided by the Office providing record-keeping can be
to collect reasonable fees.
Article IV
(1) if any claims to:
(a) compensation for salvage of the aircraft, or
(b) extraordinary expenses necessary for the protection of aircraft
under the law of the State in which they were forced to shut down operations on the
rescue or maintenance of aircraft, as a consequence of the emergence of the law to be applied
the claim against this aircraft, Contracting States shall recognise this right and this right
will have priority over all rights to this aircraft.
(2) the rights referred to in paragraph 1 will be met in the opposite time
the sequence of events, in connection with which they are incurred.
(3) Any of the above rights may be within three months from the date of their
rescue or preserve entered in the register.
(4) the rights will not be after the expiration of three months referred to in paragraph 3
recognized in the other Contracting States, if during this period
(a) the right will not be entered in the register referred to in paragraph 3, and
(b) not agreed upon amount or in the case of judicial proceedings
of this right. With regard to the judicial proceedings, the cases in
which may be interrupted or suspended referred to three-month period,
on the basis of the law governing the Court before which the proceedings
in progress.
(5) the provisions of this article shall apply notwithstanding the provisions of article I of the
paragraph. 2.
Article. In
The priority of the rights referred to in article I (2) 1 (b). (d) shall apply to the
all amounts are secured. The amount including interest, however,
does not exceed the interest accrued during the three years before the start of the performance
the decision, as well as in its progress.
Čl.VI
In the case of the seizure or sale of aircraft under the enforcement of a decision or
any rights to the aircraft will not be Contracting States are obliged to recognize in the
disadvantage of the creditor in whose favour it was confiscated or was executed
execution of the decision, or to the detriment of the buyer any right referred to in
Article I (2) 1 or the transfer of any such rights, if this right
originated or was transferred with the knowledge of the person against whom the proceedings
on the sale or the enforcement of decisions are conducted.
Article. (VII)
(1) the procedure for the sale of the aircraft in the course of the decision will be determined on the
the basis of the law of the Contracting State in which the sale takes place.
(2) However, the following provisions shall be respected:
(a) the date and place of the sale will be set out at least six weeks in advance.
(b) the creditor in whose favour the enforcement is being carried out shall provide
the Court or other competent authority of a certified extract from the records of the plane.
Sale shall notify the public at the place where it is registered with the State
the jurisdiction of the aircraft, in accordance with the law of force, there
at least one month before the date, and at the same time making a notification
by registered letter, preferably sent by airmail, registered
the owners and holders of registered rights to the aircraft and the rights
registered in accordance with article IV, paragraph 1. 3 at their addresses indicated in the
record.
(3) consequences of non-observance of the requirements of paragraph 2 shall be governed by
the legislation of the Contracting State in which the sale takes place. Each
having been made contrary to the requirements of that paragraph, however, is
can be reversed on a request filed within six months from the date of this sale
any person who as a result of failure to comply with the requirement
suffer damage.
(4) the sale of the aircraft in the course of the decision could not be made,
will not cover the proceeds of the sale of all rights that have priority over claims
of the creditor in whose favour the enforcement is carried out, according to this
the Convention and established before a competent authority, or if this law does not
the buyer.
(5) If a person or property in the territory of the Contracting State in which the
sales, injury or damage caused by any aircraft
subject to any law referred to in article I, which serves as a
debt, and if the operator has failed to keep adequate and effective
insurance from the State or insurance institution in any State
in order to cover this loss or damage may be based on the rule of law
This Contracting State in case of seizure of the respective aircraft or
any other aircraft, which is owned by the same person and
loaded with any similar law in favour of the same creditor,
laid down:
(a) that the provisions of paragraph 4 above are ineffective against the person
suffered this injury or damage, or his representative, if the creditor,
in whose favour the enforcement is carried out;
(b) that any right referred to in the article I used as security for a debt,
that the aircraft is loaded, it should not be set up against a person who
suffered this injury or damage or to its representatives in excess
80% of the sales price.
If there is no other restrictions the laws of a Contracting State, in the
the sale takes place, the insurance shall be considered as reasonable in the
the meaning of this paragraph, if the insured amount corresponds to the acquisition
the value of the aircraft seized in enforcement.
(6) the costs, which can be legally prescribed by
the legal order of the Contracting State in which the sale takes place, and
incurred in the common interest of the creditors in the course of enforcement
leading up to the sale, shall be paid from the proceeds of the sale from any claims,
including any claims having priority under article IV.
Article. (VIII)
The sale of the aircraft in enforcement in accordance with the provisions of article VII shall
the transfer of ownership of this aircraft will take place, devoid of any of the rights,
that does not take the buyer.
Article. (IX)
Except in the case of the sale in execution of a decision in accordance with the provisions of article
(VII) no conversion of the aircraft cannot be performed from the register of nationality
or evidence of a Contracting State in the appropriate registers of another Contracting
State, provided that all the holders of registered rights will not be satisfied, or
the transfer will not be accepted.
Article. X
(1) If a registered right to the aircraft, which is the nature of that
in article I, and is held as security for the payment of the debt, apply in accordance
with the law of the Contracting State in which the aircraft is registered, the
spare parts stored at a specific location or locations, they see this
the right of all States parties after the time that the spare parts will remain
in a particular place or places, with the condition that the site, where they will be
spare parts stores, will be subjected to appropriate public notice
setting out the description of the relevant law, the name and address of the holder of the right
and index, which is the right to be registered to third parties made
proper notice that these spare parts are burdened with.
(2) the document shall be accompanied by-or to be incorporated
a statement setting out the nature and approximate number of spare
parts. These parts may be replaced by similar spare parts
without affecting the rights of the creditor.
(3) the provisions of article VII (4). 1 and 4, and of article VIII shall apply to
sale of spare parts for the enforcement. But where there is
creditor in whose favour the enforcement is carried out, unsecured
the lender, is article VII (4). 4 when his application for such
the sale of land to allow the sale, if it has been
made an offer of at least two-thirds of the value of spare parts
set by experts appointed by the authority responsible for the sale. Additionally, you may
the competent authority in the allocation of the proceeds of the sale in order to take account of the
the claim of the creditor in whose favour the enforcement is carried out, to limit the
the amount to be paid to holders of earlier rights to two-thirds of this
proceeds from the sale, after payment of the costs referred to in article VII, paragraph 1. 6.
(4) for the purposes of this article, the term "spare parts" section
aircraft, engines, propellers, radiopřístroje, apparatus, devices, equipment,
part of anything of the above, and in General, all other items
of any kind kept for purposes of installing them on the plane
replacement for exchanged parts of the aircraft.
Article. XI
(1) the provisions of this Convention shall in each Contracting State shall be subject to the
all aircraft whose nationality is registered in another
Contracting State.
(2) each Contracting State will also be on the plane, whose
jurisdiction is registered in it, apply:
(a) the provisions of articles II, III, IX, and
(b) the provisions of article IV, if the operation of the rescue or protection have not been
forced to shut down on its own territory.
Article. (XII)
Nothing in this Convention shall be without prejudice to the law of another Contracting State
to promote the respect of the provisions of the law of the aircraft in the area
immigration, customs or air navigation.
Article. XIII
This Convention shall not apply to aircraft used in military, customs or
the police service.
Article. XIV
For the purposes of this Convention, the competent judicial and administrative authorities of the Contracting
States to communicate directly with each other, if their legal systems do not contain
the provisions of the opposite effect.
Article. XV
The Contracting States shall take the measures necessary for the implementation of the provisions of this
the Convention and will be on these measures shall immediately inform the
Secretary-General of the International Civil Aviation Organization.
Article. XVI
For the purposes of this Convention, the term "aircraft" means the airframe, engines,
propeller, radiopřístroje and all other articles intended for use in
the plane, whether installed in aircraft or temporarily separated.
Article. XVII
If it is conducted a separate record on the nationality registration
any territory for whose international relations it is responsible one
Contracting State, references in this Convention to the law of a Contracting
the State interpreted as referring to the law of that territory.
Article. XVIII
This Convention shall remain open for signature until its entry into force
in accordance with the provisions of article XX.
Article. XIX
(1) this Convention is subject to ratification by the signatory States.
(2) the instruments of ratification will be deposited in the archives of international organizations
the civil aviation authority, which shall notify the date of the deposit to each of the
of the signatory and acceding States.
Article. XX
(1) once the two signatory States have deposited their instruments of ratification of this
the Convention, this Convention shall enter into force between them on the 90th day after the
the date of deposit of the second instrument of ratification. For any State which deposits its
instrument of ratification after that date, shall enter into force on the 90th day
After the date of deposit of its instrument of ratification.
(2) the International Civil Aviation Organization shall inform each
signatory State the date when this Convention enters into force.
(3) as soon as this Convention enters into force, it will be registered in the
The United Nations Secretary-General of the International
Civil Aviation Organization.
Article. XXI
(1) this Convention shall be after its entry into force is open for access
non-subscribing States.
(2) access shall be effected by the instrument of accession to the archive
The International Civil Aviation Organization which shall communicate the date of this
Save each of the signatory and acceding States.
(3) Access enters the 90th day after the date of deposit of the instrument of
access to the archives of the International Civil Aviation Organization.
Article. XXII
(1) Any Contracting State may denounce this Convention by notification of the
the testimony made by the International Civil Aviation Organization, which
shall notify the date of receipt of this notification, each of the signatory and
acceding States.
(2) denunciation shall take effect six months after the date of receipt of the notification of the
the testimony of the International Civil Aviation Organization.
Article. XXIII
(1) Any State may, when depositing its instrument of ratification, or
the instrument of accession, declare that the adoption of this Convention does not apply
on one or more of the territories for whose external relations is responsible.
(2) the International Civil Aviation Organization shall notify each such
statement to each of the signatory and acceding States.
(3) this Convention applies to all territories for whose external
relations is the responsibility of the State party, with the exception of the territories for which
the Declaration was made in accordance with paragraph 1 of this article.
(4) any State may accede to this Convention separately on behalf of
all of the territories for which it has made a declaration in accordance with paragraph 1 of this article,
or any of these territories and for this approach, the provisions of
paragraph 1 of article XXI. 2 and 3.
(5) Any Contracting State may denounce the Convention separately for
all of the territories for whose international relations it is responsible or for
any of them, in accordance with the provisions of article XXII.
In witness whereof the undersigned, duly authorized representatives of this Convention
have signed.
Done at Geneva, the nineteenth day of the month of June of the year one thousand
devítistého fortieth eighth, in the English, French and Spanish
languages, all the texts being equally authentic. This Convention shall be
deposited in the archives of the International Civil Aviation Organization, where
pursuant to the provisions of article XVIII shall remain open for signature.
