Introductory provisions
1 §/expires U: 2016-04-01/
This Act provides for the registration of acquisition
and access rights to the aircraft and if mortgage in
aircraft.
The law applied to aircraft that are entered in the Swedish
aircraft register. The provisions relating to the checking of acquisition
and access rights is applicable also on shares in such
aircraft.
Rules on recognition of registration made in other
country etc. exists in law (1955:229) in the light of Sweden's
access to the 1948 Convention concerning international
the recognition of rights of aircraft. Act (2004:82).
1 section/entry into force: 04/01/2016
This Act provides for the registration of
acquisition of and access rights to the aircraft and if
mortgage on aircraft.
The law applied to aircraft that are entered in the Swedish
aircraft register. The provisions relating to the checking of
acquisition and access rights is applicable also on shares in
such aircraft.
Rules on recognition of registration made in other
country etc. exists in law (1955:229) in the light of Sweden's
access to the 1948 Convention concerning international
the recognition of rights of aircraft.
Provisions on international security and other
rights in aircraft, see law (2015:860) om
international security rights in movables. Law (2015:863).
1 a of the registration under this law shall be a registry
with the help of automated processing, called
the enrolment register of aircraft. It'll give openness
the information included in the register.
Government Announces rules on the enrolment register
content, purpose and processing of data as well as on
data protection responsibilities under the personal data Act (1998:204).
The Government or the authority that the Government may
provide for fees for registration and if
handling fees for certificate of registration action.
Law (2010:1553).
1 b of the register of cases under this Act are dealt with by a
the whole country shared registry offices. Government
decide which authority shall be
registry offices. Act (2004:82).
Registration of acquisition of aircraft
section 2 of the one who has acquired ownership of an aircraft may
apply for enrollment by the acquisition. Act (2004:82).
2 a section About an acquisition of an aircraft is the subject of a
retention of title or depend on any other terms and conditions
which restricts the right to transfer, lease or mortgage
the aircraft, an applicant for registration of an acquisition
pursuant to article 2 of the request that a note on the reservation or
condition shall be made in the register.
An application referred to in the first subparagraph may also be made by it to the
whose benefit provision or criterion applies. Act (2004:82).
Registration of tenancies of aircraft
2 b of the one who has acquired the right to use an aircraft
by grant of the inskrivne owner may apply for
registration of the right.
Such an application may also be made in respect of a lease as
made by someone other than the owner of the inskrivne, if its
acquired the aircraft prior to leasing and last on the same
Register today as the application for registration of tenancies
being made looking for enrollment for its acquisition. Act (2004:82).
Effects of registration of acquisition and access rights, etc.
2 c § insertion in the enrolment register of aircraft shall,
as from the registration date of the case if the insertion was
up, be considered notable for everyone whose right to the aircraft is
depends on the good faith of a circumstance that the insertion is for.
Act (2004:82).
2 d § acquisition of an aircraft shall apply even if
the transferor was not entitled to transfer the aircraft, if
1. the transferor's rights to the aircraft were enrolled in
the transfer took place,
2. the purchaser has applied for registration of acquisition and not
knew or should have known of the lack of the transferor's right
to dispose of the aircraft when the application was made, and
3. enrolment then be granted.
On the acquisition by forced sale provision in
the enforcement code. Act (2004:82).
paragraph 2 (e) Of an aircraft is transferred and enrollment has
sought for acquisition, the aircraft after the end of the
enrolment day on which the application was not being used for a
other claim against the assignor than such as is associated with
the mortgage applied for prior to the registration date or for
the air a lien or liens valid in the aircraft.
If the application for registration is rejected, the aircraft is in
claims without the limitations referred to in the first subparagraph.
Act (2004:82).
section 2 (f) the right to use an aircraft comes with new owner
to the aircraft, if the checking of the right sought
last day of enrolment on the register before the day on which the new
the owner applies for registration of its acquisition.
An aircraft must not be to the detriment of the tenant
for other claims against its than for such as
associated with the mortgage applied for before the date of entry
of the right has been applied for or for which air a lien or
liens are valid in the aircraft. Act (2004:82).
Action for better law etc.
2 g § legal actions relating to the right to a better aircraft, with Cook
action is directed against the last granted or applied for
checking for its acquisition, although the latter before the action was brought
assigned aircraft. The transfer occurred has
in the trial, the same position as if the transfer occurred during the
the trial.
The first subparagraph shall also apply when someone wants to search
payment out of an aircraft for a claim which is connected with the
mortgage or for which air a lien or liens
apply in the aircraft. If a dispute concerning ownership is
recorded in the register, the action for payment also be directed against
the aircraft, with ownership claims.
Act (2004:82).
Cancellation of entries of acquisition and access rights, etc.
2 h section The registered owner or usufructuary
or for the benefit of which the one noted proviso or
conditions referred to in paragraph 2 (a) applies, may apply to
registration or recordal shall be removed from the register.
Act (2004:82).
Mortgage on aircraft and spare parts for aircraft
section 3, with the consent of the registered owner, a
aircraft by enrolling in the enrolment register for
aircraft mortgaged to security for the claim of a particular
monetary amounts.
A mortgage will get to security for one and the same claim
be notified in several aircraft, but not in such a way that any
of them will be troubled by a mortgage that does not apply with
the same preferential rights in the other. An aircraft which is encumbered
for the same claim that another aircraft may not be mortgaged
in particular.
A mortgage may not be given in a fraction of an aircraft.
Act (2004:82).
4 § mortgage on aircraft may, if the person is registered as a
owner permits, granted to apply in layers of
spare parts, or of a share in such a warehouse, which belongs to the
the owner of the aircraft, if the parts into art and approximately
number of creditors listed in the document, or in an annex to the
This and kept at specified locations in this country or in
other States that are party to it in Geneva on 19 June 1948
completed the Convention on the international recognition of the
the right to the aircraft. At such mortgage shall section 3 other
subparagraph shall apply mutatis mutandis.
To spare parts count items intended to be fitted on
or in an aircraft instead of parts or objects
been removed from there, such as parts of the fuselage and engines,
propellers, radio equipment and instruments or parts thereof.
Act (2004:82).
§ 5 the consent of mortgage shall be subscribed on deed, our claim
based, and include an indication of the nationality of the aircraft and
registered indication; and let there be consent by witnesses attested.
section 6 of the application for the mortgage receivable is made to the document
be submitted in original. Act (2004:82).
7 repealed by law (2004:82).
section 8 Is concerned about mortgage in spare parts, through a certificate of creditable
personal or otherwise provide satisfactory evidence that the spare parts or the
lots of these, including the mortgage shall be valid, belongs to the aircraft
owners.
section 9 Not feel in mortgage case other than documentary evidence apply in respect of
access to aircraft or spare parts.
section 10 Has, then mortgage wanted, brought about censure, on the uppgivne
owner's detention or return thereof, through the application stay in avbidan
on the outcome. The full application will be applied not later than on the day of enrolment
that is second only to the three months of the date on which the judgment or decision, whereby:
the goal settled, res judicata, either the application expired.
section 11 of the transfer of an aircraft or a share in a
aircraft does not prevent aircraft mortgaged due
the consent of the transferor, if the application for the mortgage has been made
last registration day preceding the registration date of the new
owner looking for registration of its acquisition. Act (2004:82).
section 12 is repealed by Act (2004:82).
13 repealed by law (2004:82).
If the mortgage effect and scope
section 14 of the Then mortgage on aircraft, were enjoy the creditor
lien on the vessel.
The pledge includes besides the fuselage likewise engines, propellers,
radio equipment, instruments and accessories, whether they are
deposited in the aircraft or temporarily separated from it.
Has accessories acquired under conditions that the assignor shall be entitled
to repossess it, if the acquirer will override what he is up to, or
In addition to the ownership shall abide in the transferor until
payment or other condition is met, the condition may not
be invoked against the mortgage holder.
section 15 also Includes spare parts, a mortgage has
mortgage holder mortgages on these, if he or she at
disposal site has allocated a clearly visible notice
If the mortgage, with an indication of its scope,
mortgage holder's name and address, and that the mortgage has
entered in the enrolment register of aircraft.
Act (2004:82).
section 16 Replaced committed spare part with another, instead of this booklet for
the pledge.
section 17 Is mortgage notified in several aircraft, the booklet each of
vessels for the full amount of the pledged claim.
Includes mortgage one or more aircraft together with spares, school
Likewise the spare parts account for the whole of the pledged amount.
section 18 regarding the mortgage holders ' right to compensation based on
because of insurance, is specifically provided.
Compensation, as on other basis is provided for damage on the mortgaged property,
booklet in place for non-mortgaged property's claim.
19 § Not Mon lien, mortgage leads, particularly in
some castles in what is mortgaged.
19 a of the mortgages because the mortgage on aircraft or spare parts
not including interest for more than three years before the seizure takes place
or bankruptcy changes are made. Law (1970:986).
19 (b) § Mortgage gives priority in relation to other
mortgage after the time sequence in which mortgages are being sought.
Mortgages that are searched on the same registration day gives equal right.
Act (2004:82).
section 20 of that shall be mortgaged property enforcement vis sold, fi
mortgage holder payment from the property, yet to claim otherwise not
payment is due.
The same law either, if the second mortgage on aircraft by neglect or otherwise
so deteriorate, that the mortgage holder's security oddly reduced, or
If the mortgaged stock non are preserved in the main
accordance with what is expressly agreed or otherwise
may be considered as agreed.
Laying down special measures in respect of the other mortgage
section 21 Would the owner of the mortgaged property to replace a
mortgage action against one or more other documents
contains the consent of the mortgage for the same amount,
These documents shall be submitted to the land registry Department. In
the enrolment register of aircraft made note of the Exchange
and on the new mortgage documents are made
complaints which are of importance for mortgage law
determining. An Exchange can also be done at the request of a
encumbrancer, if the mortgaged property's owner consented
to the action. Act (2004:82).
section 22 with the consent of the owner of an aircraft, a
mortgage are killed completely or for certain amount or, where several
aircraft is mortgaged for the same claim, in particular aircraft.
In connection with the application for the killing of mortgage shall
the encumbrance being lodged with the land registry Department.
Under the conditions provided for in the first subparagraph may
the holder of a mortgage, including spare parts, get
mortgage killed in all parts or in the
spare parts stored at the specified location.
Killing of a mortgage in a particular aircraft or in
spare parts must not be carried out in such a way, that
mortgage conditions after the action is contrary to the
the provisions of paragraph 3 or paragraph 4.
Act (2004:82).
section 23 Would anyone let mortgage during other reduced, mode what in section 22 is
Ordinance concerning encumbrance killing the corresponding application.
The mind is the property of multiple mortgages, may not be one of them
After the other, with less it also is added to apply after the
mortgages, which are entitled to equal rights as or better right than this.
section 24 Of the aircraft to be removed from the aircraft register, shall
the entries and notes available in respect
the aircraft in the enrolment register of aircraft be removed.
Act (2004:82).
25 § Place the sale of mortgaged aircraft or spare parts for
such a vessel in the order which is staid for sales of
foreclosure property, then, since the auction has become final and
the purchase price paid, it sold the property for non-staple further
mortgaged amount than that, as a innestå in the estate of the offsetting å
the purchase price. Covers the mortgage of the property sold, likewise other
property, this non on staple for amounts, as the ceiling of
the purchase price of the sold property.
In cases where according to what is prescribed by its legal owner thereof, in particular between
foreclosure property, covered by mortgage on aircraft, middle school
allocated yet to sale of the property has not taken place, and payment
in doing so, turn out on the main seat of the mortgaged debt, mortgage
of the corresponding amount without effect.
section 26 Has a court, upon notification of the statement that the aircraft shall be
forfeited to the Crown, as well as with regard to the mortgage on the ship
explains that the pledge of the ship shall cease, Mon, then the judgment
become final, the mortgage is killed at the request of the new owner of the
ship or Castle in that, nonetheless, that mortgage the plot of the main script
not produced.
If an owner mortgage
section 27 of the Act Has been mortgaged debt redeemed by the owner of the
mortgaged property or otherwise come into his own, and is not such a
case at hand that the mortgage is ogill or without effect, the feel
the story once again issued with unchanged mortgage law.
section 28 Innehaves mortgage deed, when the property seizure vis for sale,
by the owner, feel him in the sale tillgodonjuta the same right as
would accrue to other holders of the mortgage; However that, where in
the Act rate is prescribed, such owner may not be counted. Is
owner, bankrupt, bankruptcy mode the right now said.
Exists, when the property is sold, the owner of enforcement vis made installment
on amount why the estate because of mortgage staples or
attinteckning in the estate turn been pledged as collateral to a lower amount than the our the
reads, shall, in respect of the portion of the pledged amount, non
apply mortgage holder, as in the first subparagraph are provided to own
application; However, the mortgage holder for his claim owns
seniority.
section 29 Is the owner of the mortgaged property made an installment payment on
the pledged amount, the mortgage holder, unless otherwise
reservations made, obliged, at the request of the owner and against
advances on the cost of this present encumbrance document
for avbetalningens noting in the enrolment register for
aircraft. In the registry, it must be noted, that the document did not
longer give mortgage right for the avbetalade amount.
Since note on depreciation as referred to in the first subparagraph have
taken place, if the owner so requests and submits a document
contains such a consent referred to in section 5, a mortgage
at an amount equivalent to what have been announced to apply
with priority second only to mortgage holder's remaining
the claim. The owner shall, without encumbrance document
show up, be able to get to the mortgage amount killed
What is depreciated. Act (2004:82).
section 30 is declared the owner, who has the right to share in mortgage, in bankruptcy,
mortgage holder, nevertheless he conditioned himself otherwise, required to
the request of the trustee present mortgage action for
depreciation, such as in section 29 is said, by the owner additional amount.
Since depreciation thus made, the mortgage on the written-off
amount with interest will be notified on application by the trustee, even if
mortgage mandate is not signed to any act which in paragraph 5 of the said.
Action, on the basis of which mortgage thus communicated shall indicate
that amount falls due six months after termination. Team
(1981:809).
About personal accountability for committed claim
section 31 Allows holders of mortgaged claim the new owner of the committed
the property, on the mortgage document signing marriage, wherein he
övertager the debt, either former debtor free from their marriage, there
unless otherwise is agreed.
32 § has holders of the debt obligation, the security for the
the mortgage has been approved by the property that now come in different
owner's hand, let the mortgage without consent of the Publisher of the relationship
partially or completely killed or ock reduced, and may claim as a result
Hence non of the property would be subject to either the Publisher free from responsibility for
the claim. Whatever is said about the editor relationship relates and if other
owner, who committed the debt or otherwise account for this in the Publisher's
place.
section 33 Has on sale of mortgaged property seized in the order
for such sales are staid creditor, that the property has
mortgage of receivables, payment of the purchase price owned taga, but sounds
He agreed with the purchaser have been mortgaged amount, out of
purchase price gäldas, remain in the property, be it personally
accounting for debt free from civil liability for such amounts. The same law
either in terms of amount, the purchaser acting as mortgage holders a
set off on the purchase price.
section 34 Allows the owner of the encumbered aircraft without encumbrance holder
consent to bring the ship to the State, the place where here in the Kingdom enforced
checking not recognized in accordance with the paragraph 4 of the omförmälda
Convention, be the owner, in so far as the mortgage as a result of this
action cannot be claimed, personally responsible for the committed
the claim, however, that such liability was not before him.
If the invalidity of the mortgage in some cases etc.
35 § Granted mortgage due consent of other than that which is
right owner if the mortgage ogill, where there is no such case is for the hand that
in paragraph 11 of the said or other otherwise follows from the particular Ordinance.
36 § A mortgage is without effect if the judgment given in spite of
to the one who accepts the mortgage was bankrupt when
the application for the mortgage was made or a decision
property was announced the same day as the Privy the application was made.
Act (2004:82).
37 § notwithstanding the mortgage may dispute the validity of the claim about mortgaged
legally tested.
On the procedure of registration matters
38 § Registration matters under this Act cases on
1. registration of acquisition of aircraft,
2. checking of access rights to the aircraft,
3. mortgage on aircraft or parts of aircraft;
4. other insertion in the enrolment register of aircraft
is made due to the provision of the law, and
5. revocation of a registration under 1-4 which are made due to
provision of law or regulation.
Land registry matters be taken up on the register today. Such is kept
to noon every Monday, Tuesday, Wednesday, Thursday and
Friday, which is not a public holiday. Which holiday is also considered
Midsummer's Eve, Christmas Eve and new year's Eve. An application that will
in after noon is considered made following enrolment day.
The Government announces the details of
the enrolment procedure. Act (2004:82).
section 38 (a) in dealing with the land registry Department of the
land registry cases shall not apply the provisions of paragraph 10 of the second
paragraph, 27 and 28 of the Administrative Procedure Act (1986:223). Of the 37 (a) and
37 (b) of the Act (1984:404) If stamp duty at
land registry authorities shows that the land registry Department
shall review the decision on stamp duty in some cases.
Act (2005:154).
section 39 of the land registry Department shall be kept a diary of
land registry cases. The documents in these cases shall be conducted
together in acts.
If the applicant or anyone else left a job or
made a declaration of importance for the examination or
If a specific investigation has been carried out in the case, shall
Note If it is made in the diary or of the Act. In the diary
or act shall also be addressed summonses, subpoenas and
decision which shall not be entered in the enrolment register for
aircraft.
VITE as land registry Department submit under this
law imposed by the authority. Act (2004:82).
section 40 of an application in a registration dossier shall be made
in writing. Act (2004:82).
section 41 a decision whereby a request in a
land registry case is upheld, rejected or declared overdue
or that the case is suspended, shall be entered in the
the enrolment register of aircraft. The decision means that
the application is not successful, the reasons for the decision shall be recorded in
the diary or the Act.
A decision shall be entered in the register is communicated through such
insertion and shall be deemed to have the content that is shown by
the registry.
A decision on the mortgage shall be recorded on the document
is the basis for the application for a mortgage. Evidence regarding
mortgage in spare parts shall contain an indication of what
referred to in section 15. Act (2004:82).
42 § Whether a decision of a registration dossier has been received
the applicant or any other person who has been consulted on the matter, he shall
shall be informed immediately in writing of the decision. A notification of a
the acquisition has been entered shall always be submitted to the
before that was last registered as owner.
The notice shall set out the reasons for the decision have
been recorded in the diary or the Act and what it like to
appeal against the decision. Act (2004:82).
43 section if an application in a registration dossier does not immediately
should be rejected, the matter should be deferred to some later
Register today, if it is necessary for the investigation.
If the case is postponed, the applicant may be required to submit the
investigation is required or to appear personally or
by agents of the land registry Department. Even someone other than
the applicant may be heard and be submitted to such appearance. Follow
the applicant did not order, the application may be declared overdue.
An indication of this shall be mentioned in the notice.
A registration dossier shall, moreover, be deferred to a later
Register today, if the case, due to its nature or
extent not appropriately can be put to immediate trial.
In a case that has been postponed on such basis shall be entered
to review the latest other register the day after the
enrolment day on which the application was made. Act (2004:82).
44 section if it can be assumed that an acquisition referred to in a
the register issue is invalid or otherwise unable to
be claimed or that a measure sought by other
way would violate anyone's rights, the right to be given the affected
opportunity to comment this applies also if the uncertainty prevailing in the
terms of the acquisition terms.
If an acquisition referred to in a registration dossier is based on
Wills, judgement or Ordinance that has not yet won Cook
power, or if it is going on trial for revocation or nullity
the acquisition of the property that the matter concerns or if better
the right to this, the matter shall be suspended until the matter
definitively settled.
Otherwise, the applicant's rights are in dispute, he or she
be submitted within specified time may bring an action before the Court. If
the applicant does not do so, the application may be declared overdue. A
information about this shall be included in the notice.
Act (2004:82).
section 45 the application for registration of acquisition of aircraft shall
refused if
1. the provision in section 40 has not been complied with,
2. the application relates to an aircraft not registered in
aircraft register or, if it is given in an application
for registration in the register, such a measure is not granted,
3. the applicant did not substantiate its acquisition,
4. the transferor was not entitled to transfer the aircraft and
the conditions for the acquisition, according to § 2 Nevertheless, d
shall apply,
5. the aircraft has been subject to lien or
payment assurance of security for a claim against the assignor
and in a case involving the Note If the action has been brought up
last on the enrolment date on which the application is made or the transferor
has been declared bankrupt by the end of the sign-up date,
6. the aircraft has been sold by way of execution to anyone other than
the applicant,
7. the acquisition was effected through a gift between spouses and this
has not been registered pursuant to Chapter 16. the marriage code, or
8. it is clear that the acquisition of any of the other reasons are
invalid or not enforceable.
A recordal application pursuant to paragraph 2 shall be refused, if
the provision in section 40 has not been observed, if the acquisition is not
inscribed or written in the same day the application is filed, or if
It does not appear that it is subject to a reservation of title
or are dependent on other conditions that restrict
the purchaser's right to transfer, lease or mortgage
the aircraft. Act (2004:82).
§ 46 an application for registration of a right to use a
aircraft shall be refused, if
1. the provision in section 40 has not been complied with,
2. the applicant did not substantiate that he or she has access rights
to the aircraft,
3. its not registered as owner in
the enrolment register of aircraft or not entered as
owner the same day the application is lodged,
4. the grant is in conflict with a memorandum referred to in
2 a §,
5. the aircraft has been subject to lien or
payment assurance of security for a claim against its
and in a case involving the Note If the action has been brought up
last on the enrolment date on which the application is made or under
has been declared bankrupt by the end of the sign-up date,
6. the aircraft before it departed from its due
of the forced sale,
7. it is clear that the grant of any of the other reasons are
invalid or not enforceable. Act (2004:82).
§ 47 an application for a mortgage to be refused if
1. the provision in section 40 has not been complied with,
2. the document on debt is not such a witnessed
the consent referred to in paragraph 5,
3. mortgage sought the same day that a new owner asking for
registration of acquisition of aircraft or thereafter, and the
new owner has not admitted the mortgage or application for
checking of the acquisition shall be rejected,
4. the aircraft has become the object of attachment,
payment assurance or attachment and a case involving the
Note If the measure has been taken up by the
the registration date of the mortgage sought, if not in terms of
lien mortgage application has been granted by
enforcement authority, or
5. the one who accepts the mortgage is bankrupt when
application for a mortgage is made, or a decision on property Privy
will be announced on the same day as the application is made. Act (2004:82).
47 a of an application for cancellation of a registration or
Note according to § 2 (h) shall be rejected if the provision in § 40
have not been observed or if it does not appear that the acquisition,
right, the proviso or condition gone again or by
other reasons does not apply. Act (2004:82).
section 48 Of the enrolment authority finds that an entry in the
the enrolment register of aircraft contains a manifest
deception as a result of the Authority's or someone else's
typographical error or similar oversight, the insertion will be corrected.
This also applies in the case of an obvious irregularity in
register as a result of technical failure. Rectification can be
damage to owners or other rights holders, it shall
mutual superiority between the rights concerned shall be determined,
According to what is equitable. Before the correction,
registration authority shall provide the affected by the action, if he
or she is known, the opportunity to be heard. The authority,
referred to in section 53 shall be given an opportunity to be heard.
opinion need not be obtained, it is clear
unnecessary. The decision is not notified on the same day that the matter be taken up,
a note on the matter to be made in the register.
Decision concerning the correction shall be notified by the insertion in the register.
The reason for the decision shall be recorded in the diary or of the Act. In
rather than evidence or document which has been issued in accordance
with the previous insertion, another such action
is issued. The former document shall be recovered, be
unusable and be kept by the land registry Department. The who has
action is required to bring it in for this purpose. In a
order to fulfil such an obligation may be liquidated damages
out.
A decision on rectification may be appealed by the authority that
referred to in section 53.
This clause applies in place of section 28 of the data protection act
(1998:204). Act (2004:82).
section 49 a decision of the enrolment authority in a
land registry case may be appealed to the Court of
the decision, if it is him or her against.
A decision is not final, appealable only in cases
referred to in section 37 Act (1996:242) about court cases.
On appeal the law on court cases, if not
subject to the provisions of this law.
Leave to appeal is required for an appeal to the Court of appeal.
If an enrollment case under order of a court shall be
up to the new management of land registry Department, it shall
be effected without delay after the decision come to
authority. Act (2004:82).
section 49 The wishing to appeal a decision of the
Land Registry Department shall do so in writing. The letter
shall be filed with the registration authority.
If the appeal relates to a final decision, should the letter be
submitted to the land registry department within three weeks from the
today a notice or proof if the decision was held
available to the applicant. The letter, however, must always be given in
within four weeks of the registration date of the decision
It was announced.
In the case of klagotid for appeal of decisions referred to in section 37
Act (1996:242) if the court cases apply the provisions of
§ 38, first and second subparagraphs, the same law. Act (2004:82).
50 § If the contested decision is entered in
the enrolment register of aircraft, the task of
the appeal is entered in the register. When there is a
final decision on the appeal, shall
the content of the decision shall be entered in the register. Act (2004:82).
The liability of the State for some legal losses, etc.
section 51 if anyone suffers loss due to acquisition
considered to be applicable under paragraph 2 (d), is entitled to
obtaining compensation from the State for their loss.
If anyone suffers loss as a result of a technical error in the
the enrolment register of aircraft or in a device
of land registry department or some other government agency
is connected to the register, he or she is entitled to
obtaining compensation from the State.
Have the victim contributed to the loss, but
reasonable grounds not to take measures to preserve
his right or otherwise by tort, shall
What is reasonable compensation after reduced or completely
fall away.
If the personal data in the enrolment register of aircraft has
been dealt with in contravention of this Act or the regulations if
the registry is also 48 § personal data Act (1998:204)
applicable. Act (2004:82).
section 52 Of the loss suffered by the associations referred to in section 48
as a result of a decision in a case concerning rectification, he has
the right to compensation by the State. Compensation will be paid
unless the injured party with regard to the
nature or other circumstances away to realize that errors
occurred. Act (2004:82).
53 § State represented in a case for compensation under 51
or section 52 of the authority that the Government determines.
Act (2004:82).
section 54 To the party in a dispute concerning the right of aircraft
claim compensation under section 51 if he or she loses the case,
shall party to either joint processing with the aim
bring an action against the State if its claim or
notify the authority referred to in paragraph 53 of
the trial.
If the preparation of the case have been terminated without any
an action brought or communicated in accordance with
the first paragraph, the Court shall order the party to take a
of measures within a specified period. The time not observed, is
the claim expired. An indication of this shall be
into the order. Act (2004:82).
55 § has conferred benefits under section 51 or 52
had the right to claim the amount of any damages,
the State shall enter into the right against him.
Compensation under section 51 or 52 due to a court judgment
paid out since the judgment has become final. Act (2004:82).
Duty to notify
56 § Brought proceedings for revocation or cancellation of the acquisition of
an aircraft or if better right to an aircraft or
otherwise in a matter concerning enrollment in the enrolment register
for aircraft, the Court shall immediately notify the
Land Registry Department.
The notification shall, in addition to the description of the parties, contain
such information about the aircraft that it can be identified in
aircraft register.
When the final decision or any other termination of proceedings has become final;
the Court shall immediately send the judgment or the decision to
Land Registry Department. Act (2004:82).
Some notes on the enrolment register of aircraft
57 § land registry Department shall make a note in the
the enrolment register of aircraft if the holdings of the mortgage,
If the holder of a debt instrument, for which the mortgage
granted, request it and showing up in the claim document
original.
If the person is registered as proprietor of
Land Registry Department with an attested document
indicates that the possession ended, this shall be recorded in the register.
Act (2004:82).
section 58 of the enrolment register of aircraft shall be recorded when
1. the action is brought on the revocation or cancellation of the acquisition of
an aircraft or if better entitled to such property or
on another question concerning the registration,
2. the objectives referred to in paragraph 1 have been decided by a judgment or
final decision which has become final,
3. a mortgage entirely or partly invalid under a judgment
or a final decision which has become final, or at
because of the ratio referred to in section 36,
4. the owner of an aircraft has been declared bankrupt,
5. an aircraft or a right written into such
property subject to Lien, payment assurance or
Garnishment, or when a bankruptcy trustee has requested an
aircraft to be sold by way of execution,
6. the decisions referred to in 4 or 5 on bankruptcy, Lien,
payment assurance or garnishment has been cancelled or returned
or in the case of compulsory sale of an aircraft
or a right entered in such property has
lapsed for other reasons,
7. notification, certificate or assignment length submitted showing
impact on the mortgage of the forced sale,
8. someone in accordance with Chapter 10. section 6 of the Aviation Act (2010:500)
notify in writing that he or she has a claim for
the air a lien valid in aircraft;
9. it appears that air a lien referred to in 8 has ceased to
apply,
10. the Court has announced such a declaration as referred to in section 26,
or
11. an aircraft as referred to in Chapter 2. section 6 of the Aviation Act,
Unregister but there are obstacles to UN-registration
According to Chapter 2. paragraph 7 of the same law. Law (2010:505).
Transitional provisions
1955:227
This law shall enter into force on the day the King appoints.
Have aircraft been introduced in aircraft register before the date this
law comes into force, may notwithstanding the second subparagraph of paragraph 7 provides
the mortgage is granted, where the person who accepts the mortgage has been at
the vessel's inclusion in the register as owner occupied or ock derives
its right from the owner in that first introduced.
1981:809
This law shall enter into force on 1 January 1982.
What people are saying about seizure in 12 and 41 of their new wording also applies
restraint on alienation which has been issued before the entry into force.
If a case regarding the amortization of a mortgage document with
reason of garnishment has been raised at an enrolment day prior
entry into force, the terms of section 30 of its older version.
2004:82
1. this law shall enter into force on 1 april 2005.
2. in the case of applications made on enrolment day prior
date of entry into force applicable older provisions. If such a
the case is postponed until the enrolment day after entry into force
the examination shall take place at the land registry Department and
insertion done in the enrolment register of aircraft.
3. The mortgages on aircraft as entered in the
registration book under the Act (1955:227) If you
the right to the aircraft and who are enrolled at entry into force,
from the entry into force shall be deemed enrolled in
the enrolment register of aircraft with the same content as
shown in the register book. A mortgage that is entered on the
as a result of an application made not later than on the last
register the day before the entry into force, shall, for the purposes
of this paragraph are considered to be enrolled at the time of entry into force.
4. The entries made in the Register Book according to the law
(1955:227) if the registration of aircraft and available
recorded upon entry into force, shall
entry into force is considered entered in the enrolment register for
aircraft with the same content as stated in the register book.
A note is made on the basis of an application or a notification
made no later than on the last day before enrolment
entry into force, shall for the purposes of this paragraph are considered to
be recorded upon entry into force. This paragraph does not apply
concerning such a note if the owner referred to in section 39 the Act on
checking of aircraft in paragrafens older
version.
2005:154
This law shall enter into force on 1 May 2005. Older provisions
apply in the case of stamp duty decision given before
the entry into force.
