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Law (1955:229) In Response To Sweden's Entry To The 1948 Convention On The International Recognition Of Rights Of Aircraft

Original Language Title: Lag (1955:229) i anledning av Sveriges tillträde till 1948 års konvention rörande internationellt erkännande av rätt till luftfartyg

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1 §/expires U: 2016-04-01/

This law applies to aircraft introduced in

national registry of foreign State, which acceded to it in Geneva on

19 June 1948 completed the Convention on international recognition

of right to the aircraft, or in a territory for which the foreign

the Affairs of the State party is responsible and for which suggested

particularly distinguishing records, unless the State made subject

that Convention not applicable on the territory. What in

section 5 provisions shall, however, apply likewise aircraft registered here

in the Kingdom.



To aircraft attributable in this law, in addition to the fuselage, likewise

engines, propellers, radio equipment, instruments and accessories,

whether they are deposited in the vessel or temporarily separated

from there.



1 section/entry into force: 04/01/2016

This law shall apply to aircraft which is entered in a

national registry of foreign State, which has acceded to the

in Geneva on 19 June 1948, adopted the Convention on

the international recognition of rights of aircraft. The law

is also applied to aircraft which is entered in a

national registry in a territory for which the foreign

the Affairs of a Contracting State is responsible and for which

There is a special register of nationality, unless the

the State has made a reservation to the effect that the Convention should not be

applied in the territory. It referred to in section 5 shall, however,

apply to aircraft registered in Sweden.



Aircraft referred to in this law, in addition to the fuselage, even

engines, propellers, radio equipment, instruments and other

Accessories, whether they are mounted in the vessel, or

temporarily separated from it.



In the law (2015:860) on international security interests in resolving

things are specific provisions on the rights of the

aircraft which may affect the application of this law.

Law (2015:864).



2 § Before all rights other than those in paragraph 5 of the intended school ownership

the aircraft, with possession linked the right to acquire by purchase

such vessels as well as the right to use such ships under leasing

at least six months, so a lien or other right to

aircraft, conceived under a contract and as security for claims

for a certain amount, be recognised here in the Kingdom, if the right accrued

According to the law of the Contracting State, in whose national registry

the ship was then introduced, and the right is inscribed in the register book in

the State in which the vessel is registered then the right changes are made effective.



Preferential right of lien or other right to aircraft

include any amount for which secured, however, non-interest

are accrued for more than three years before the seizure or, if

before the bankruptcy, bankruptcy filing.



section 3 have effect in relation to third parties by checking which

förmäles in section 2, bedömes according to the law of the State where the right is

inscribed. Where aircraft here in the Kingdom has been meted out or covered with

attachment or aircraft are subject to bankruptcy, which occurred here in

Empire, and thereupon the debtor with the knowledge of the agreement, which is signed

the basis for the registration, may this not to the detriment of

enforcement creditor or creditors or the bankruptcy of the buyer at the

forced sale are invoked in the wider extent than required by Swedish

team. Law (1981:810).



paragraph 4 Where a paragraph 2 of omförmäld the right to the aircraft, the innehaves

as security for claims, according to the law of the State where fartytget is

registered explained include also the spare parts store on

specified locations, right here in the Kingdom recognized likewise in these

replacement parts, if at the storage location is the appropriation

appropriate and conspicuous notice of the Court's

nature and scope, if the name on its owner and his

address as well as the land registry book in which the right is registered.



To spare parts count objects intended to be mounted in the aircraft

rather than parts or objects removed from there, such as parts

of the fuselage and engines, propellers, radio equipment and

instruments plus the parts thereof.



5 § Hava measures for salvage or retention of aircraft completed

in a foreign State which tillträt the paragraph 1 of the said Convention, and is

with claim on pay for salvage or compensation for special

costs, which were indispensable for the preservation of the ship, according to

the law of the State where the measures for salvage or retention

closed coupled air mortgages on the ship, the pledge here

Empire recognised with precedence over each other right to the ship.

Be several such claims, were enjoy those linked with a later

the event takes precedence over those obtained by an earlier.



What thus stated does not, unless three months elapsed

from the action ended without the creditor's claim on

Air mortgages on the ship entered in the register book of the State of

the vessel is registered and, in addition, agreement was reached on the

the amount of the pledge intends or action for creditor's rights brought in Cook

order.



6 § when the forced sale of aircraft or in section 4 of the mentioned

spare parts for such vessels shall take place, it is incumbent on the

called for the sale to instill a by the competent authority of the

State in which the vessel is registered gravationsbevis issued on

the estate along with attested translation of evidence as well as that, then ask

is about the aircraft, at the latest one month before the auction cause to proclaim

sales at the place of registration according to which the applicable law. Within

the same time, the intelligence in the order that is specified in the query

If notice to the creditor shall be sent to the holder of each of the

the ship entered right, which must be recognised in accordance with this Act.



In addition to the requirements and costs that would otherwise be in school

thing ' register at the forced sale of the aircraft, or

spare parts list shall be collected in another right to be

recognised, in accordance with this law. In respect of such rights position at

Executive Sales owns otherwise what applies in respect of

right in immovable property that is sold by way of execution the corresponding

application. Act (1971:501).



section 7 of the Troubled aircraft of a registered right,

According to this law shall be recognized in this country, the vessel may not

transferred to the Swedish aircraft register, if not

the holder of the right has conceded that the vessel is registered

here.



Brought the ship over to the Swedish aircraft register, have

the holders are entitled to have it entered in the

the enrolment register of aircraft, if it is of such

nature, that according to the law (1955:227) If you

the right to the aircraft.



Applied for registration last on the enrolment day which falls

After three months of the date on which the ship was registered here

in the country, comes to the right with the same ranking as it had

in the country where the ship was last registered. The question of the

right legally established are examined according to the law of the country

where the vessel was registered at the time of the

Genesis. Act (2004:83).



section 8 Is a creditor's claims on air pledge, within the time

set out in paragraph 5 of the second paragraph, entered in the register book of the

country where the vessel was registered and brought the vessel over to

the Swedish aircraft register, the corresponding annotation

be made in the enrolment register of aircraft. Act (2004:83).



§ 9 the provisions of this Act be non obstacle to implementing

as regards aircraft of what is, or in the future may be provided

relating to coercive measures against infringements of regulations on

Aviation, immigration and entry and exit of goods.



This law shall not be applicable to aircraft that are intended

for military, customs or police services.



section 10 of the rules relating to the application of what in this law

provisions announced by the King.



Transitional provisions



1981:810



This law shall enter into force on 1 January 1982.



What is said about the attachment of paragraph 3 in its new wording also applies

restraint on alienation which has been issued before the entry into force.