Rs 0.748.217.1 Convention Of June 19, 1948 On The International Recognition Of Rights In Aircraft

Original Language Title: RS 0.748.217.1 Convention du 19 juin 1948 relative à la reconnaissance internationale des droits sur aéronef

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0.748.217.1 original text Convention on the international recognition of rights in aircraft concluded at Geneva, June 19, 1948, approved by the Federal Assembly on 22 September 1959 entry into force for Switzerland on 1 January 1961 (State October 30, 2008) whereas the International Civil Aviation Conference, held in Chicago in the months of November and December 1944 , recommended its adoption at an early date of an agreement concerning the transfer of ownership of aircraft, whereas it is highly desirable, in the interests of the future development of international civil aviation, duties on aircraft are internationally recognised, the undersigned, duly authorized, have agreed on behalf of their Governments, the following provisions: art. The Contracting States undertake to recognise: a. the right of ownership on aircraft, b. the right for the holder of an aircraft to acquire the property by purchase, c. the right to operate an aircraft in a rental contract agreed for a period of six months at least, d. the mortgage, the "mortgage" and straight similar on an aircraft established conventionally as security for the payment of a debt on condition that such rights are i. constituted under the law of the Contracting State where the aircraft is registered in their constitution, IATT. registered on the public register of the Contracting State where the aircraft is registered. The regularity of the successive entries in different Contracting States is determined by the law of the Contracting State where the aircraft is registered at the time of each entry.

No provision of this Convention prohibit the Contracting States recognize, under their national law, other rights on an aircraft. However, no duty preferable to those listed in paragraph 1 of this article is to be accepted or recognised by the Contracting States.

S. II all aircraft-related entries are made on the same register.
Unless otherwise provided in this Convention, effects against third parties by registration of one of the rights listed in paragraph 1 of Article I shall be determined in accordance with the law of the Contracting State where the right is registered.
Any Contracting State may prohibit registration of a right in an aircraft that could not be validly established under its national law.

S. III the service responsible for the register address is indicated on the certificate of registration of any aircraft.
Anyone can obtain this service of shipments, copies or extracts certified compliant which are prima facie evidence to the contrary of the particulars contained in the register.
If the law of a Contracting State provides that the placing under a document folder is in lieu of registration, this update under folder has the same effects as registration for the purposes of the Convention. In this case, all arrangements are made to make this document available to the public.
Reasonable taxes can be seen on the occasion of all operations performed by the service responsible for the register.

S. IV. the Contracting States recognize that the claims relating: a. to the remuneration due for rescue of the aircraft, b. at extraordinary costs essential for the upkeep of the aircraft, are preferable to all other rights and claims on the aircraft, to the condition of being privileged and grandfathered on the law of the Contracting State where ended rescue and conservation operations.
Claims listed in paragraph 1 of this Article shall take precedence in reverse chronological order of the events that has been generated by them.
They may subject to a mention in the register within three months from the completion of operations that gave them birth.
The Contracting States shall refrain at the end of the above three-month deadline to recognize security rights in question, unless that during the period: a. the preferential claim is subject mentioned in the register in accordance with paragraph 3, b. the amount of the claim cannot be fixed amicably or that legal action regarding this claim is submitted. In this case the law of the court seised determines the causes of interruption or suspension of the period.

The provisions of this Article shall apply notwithstanding paragraph 2 of Article I.

S. V the priority that attaches to the rights mentioned in paragraph 1 (d) of Article I extends to all the sums guaranteed. However, with regard to the interests, the priority is given to those accrued during the three years prior to the opening of the enforcement procedure and the latter.

S. VI in case of seizure or forced sale of an aircraft or a right on aircraft, the Contracting States are not obliged to recognize the harm either the creditor or Prosecutor, or the purchaser, the constitution or the transfer of any of the rights listed in paragraph 1 of Article I by one against which continued the procedure of sale or execution While he had knowledge.

S. VII procedures for the forced sale of an aircraft are those provided for by the law of the Contracting State where the sale is made.
The following provisions shall, however, be observed: a. the date and place of the sale are fastened six weeks at least in advance; b. The creditor must submit to the Court or any other competent authority a compliant certified extract of entries concerning the aircraft. He shall, one month before the day fixed for the sale by announcement at the place where the aircraft is registered in accordance with the provisions of the local law and prevent, by registered letter sent, if possible by air mail to the likely addresses on the registry, the owner as well as holders of rights or liens mentioned in the register in accordance with paragraph 3 of Article IV.

The consequences of non-compliance with the provisions of paragraph 2 are those laid down by the law of the Contracting State where the sale is made. However, any sales made in contravention of the rules laid down in this paragraph may be cancelled on request within six months of the sale, by any person who suffered damage by reason of the failure.
No forced sale can only be performed if the rights which it is justified before the competent authority and which are preferable to the terms of this agreement, those of the creditor cannot be switched off due to the cost of the sale or are taken in charge by the purchaser.
When, in the territory of the Contracting State where the sale is made, damage is caused to the surface by an encumbered aircraft, as security for a debt, one of the rights provided for in Article I, the national law of that Contracting State may have, in the event of seizure of the aircraft or any other aircraft with the same owner and collateral similar rights for the benefit of the same creditor : a. that the provisions of paragraph 4 above are ineffective against victims or their striking creditor assigns; b. That the rights provided for in Article (I) guaranteeing a debt and interest in the seized aircraft are prejudicial to the victims or to their entitled only to a maximum of 80 percent of its selling price.

However, the foregoing provisions of this paragraph are not applicable when the damage caused to the surface is properly and adequately insured by the operator or its name from a State or a State insurance firm any.
In the absence of any limitation under the law of the Contracting State where it was taken for sale on seizure of an aircraft, the damage is deemed sufficiently insured within the meaning of this paragraph if the amount of the insurance corresponds to the value of the seized aircraft.
Legally payable according to the law of the Contracting State where the sale is made and exposed during the enforcement procedure for the sale and in the common interest of the creditors, are reimbursed on the price before all other debts, even those privileged under the terms of Article IV.

S. VIII the forced sale of an aircraft in accordance with the provisions of Article VII transfers ownership of the free aircraft of all rights not listed by the purchaser.

S. IX. except in the case of forced sale continued in accordance with the provisions of Article VII, no registration or transfer of registration of an aircraft register of a Contracting State to that of another Contracting State cannot be carried out without prior registered rights release or without the consent of their owners.

S. X if the law of the Contracting State where an aircraft is registered, one of the rights laid down in Article I, regularly registered on an aircraft and constituted as security for a debt, extends to parts stored in one or several locations determined, this extension is recognized by all Contracting States, under condition that such parts are kept such locations and appropriate advertising carried out on the spot by posting, duly notify the third party of the nature and scope of the interest which these parts are taxed, and indicates where it is entered as well as the name and address of its holder.
An inventory indicating the nature and the number approximate such parts is annexed to the registered document. These parts may be replaced by similar pieces without affecting the right of the creditor.

The provisions of Article VII, 1 and 4, and of Article VIII shall apply for sale on seizure of spare parts. However, if the claim by the distrainor is accompanied by no real security, the provisions of Article VII, paragraph 4, shall be considered as allowing the tender on an auction of two-thirds of the value of spare parts as it is fixed by experts appointed by the authority for the sale. In addition, the distribution of the prize, the authority sale may limit, in favour of the creditor, the amount payable to the senior creditors, to two-thirds of the proceeds of the sale after deduction of costs in Article VII, paragraph 6.
For the purposes of this Article, the phrase "spare parts" applies to parts that make aircraft, engines, propellers, radio devices, instruments, equipment, fittings, parties of these various elements, and more generally in all other objects, of any kind whatsoever, kept in view of the replacement parts component aircraft.

S. XI the provisions of this Convention do not apply in each Contracting State as to aircraft registered in another Contracting State.
However, Contracting States apply to aircraft registered in their territory: a. the provisions of Articles II, III, IX, etb. The provisions of Article IV, except if the rescue or interim operations ended on their own territory.

S. XII the provisions of this Convention do not affect the right of Contracting States with respect to an aircraft to the implementing measures laid down in their national laws relating to immigration, customs or air navigation.

S. XIII. this Convention does not apply to aircraft used in military, customs or police services.

S. XIV for the purposes of this Convention, the judicial and administrative authorities competent Contracting States may, unless otherwise provided by local law, correspond directly with each other.

S. XV the Contracting States undertake to take the necessary measures to ensure the implementation of the provisions of this Convention and to publicize them without delay to the Secretary-General of the international civil aviation organization.

S. XVI within the meaning of this Convention, "aircraft" includes cell, motors, propellers, radio and all parts for the service of the aircraft, they do body with him or are temporarily separated.

S. XVII if territory represented by a Contracting State in its external relations is a separate register, any reference in this Convention to the law of the Contracting State shall be construed as a reference to the law of that territory.

S. XVIII. the Convention remains open for signature until it enters into force in accordance with Article XX.

S. XIX. the Convention will be ratified by the signatory States.
Instruments of ratification shall be deposited in the archives of the Organization of international civil aviation which shall notify the date of the deposit to each of the signatory States and acceding.

S. XX when two signatory States have deposited their instruments of ratification on the Convention, which enters into force between them the ninetieth day after the deposit of the second instrument of ratification. It enters into force in respect of each State which deposits its instrument of ratification after that date, the ninetieth day after the deposit of this instrument.
The international civil aviation organization shall notify each of the signatory States the date on which this Convention is in force.
This Convention shall be, upon its entry into force, registered with the United Nations by the Secretary general of the civil aviation organization care international.

S. XXI the present Convention shall, after its entry into force, be open for accession by non-signatory States.
The membership is made by filing in the archives of the Organization of international civil aviation of an instrument of accession. The Organization shall notify the date of the deposit to each of the signatory States and acceding.
Accession shall take effect on the ninetieth day after the deposit of the instrument of accession in the archives of the international civil aviation organization.

S. XXII. each Contracting State may denounce this Convention by notifying the denunciation to the Organization of international civil aviation that informs each of the signatory States and members of the date of receipt of this notification.
The denunciation shall take effect six months after the date of receipt by WIPO of the notification of denunciation.

S. XXIII scope on October 30, 2008, any State may, at the time of the deposit of its instrument of ratification or accession, declare that its acceptance of the Convention does not apply one or more of the territories it represents in external relations.
The international civil aviation Organisation shall notify such a statement to each of the signatory States or acceding.
With the exception of the territories in respect of which a declaration made pursuant to paragraph 1 of this Article, the submitted Convention applies to all territories that a Contracting State is in external relations.
Any State may accede to the present Convention separately on behalf of all or any of the territories for which it made a declaration in accordance with paragraph 1 of this Article; in this case, the provisions of paragraphs 2 and 3 of Article XXI shall apply to this membership.
Any Contracting State may denounce this Convention, in accordance with the provisions of Article XXII, separately for the entire or one any territories that this State represents in external relations.
In witness whereof, the undersigned plenipotentiaries, being duly authorized, have signed the present Convention.
Done at Geneva on the nineteenth day of the month of June of the year one thousand nine hundred and forty-eight, in french, English and Spanish, each of these texts being equally authentic.
This Convention shall be deposited in the archives of the international civil aviation organization where, in accordance with Article XVIII, it will remain open for signature.
(Follow signatures)

Scope on October 30, 2008 States parties Ratification accession (A) Declaration of succession (S) entry into force South Africa 21 September 1998 20 December 1998 Algeria 10 August 1964 A November 8, 1964 Germany 7 July 1959 A 5 October 1959 Angola 24 February 1998 to 25 May 1998 Argentina 31 January 1958 1 May 1958 Azerbaijan 23 March 2000 to 21 June 2000 Bahrain 3 March 1997 A 1 June 1997 Bangladesh 6 January 1988

April 5, 1988 Belgium 22 October 1993 20 January 1994 Bolivia 9 July 1998 to 7 October 1998 Bosnia and Herzegovina 7 March 1995 6 March 1992 Brazil 3 July 1953 October 1, 1953 Cameroon 23 July 1969 A October 21, 1969 Chile 19 December 1955 18 March 1956 China 28 April 2000 July 27, 2000 Macau 9 December 1999 December 20, 1999 Colombia 8 September 2006 December 7, 2006 Congo (Brazzaville) 3 May 1982 has 1 August

1982 Côte d'Ivoire 23 August 1965 21 November 1965 Croatia 5 October 1993 has 3 January 1994 Cuba 20 June 1961 18 September 1961 Denmark January 18, 1963 April 18, 1963 Egypt 10 September 1969 9 December 1969 El El Salvador 14 August 1958 was 12 November 1958 Ecuador 14 July 1958 has 12 October 1958 Estonia 31 December 1993 31 March 1994 United States September 6, 1949 September 17, 1953 Ethiopia June 7, 1979 has 5 September 1979

France 27 February 1964 may 27, 1964 Gabon 14 January 1970 14 April 1970 Gambia 20 June 2000 has 18 September 2000 Ghana 15 July 1997 to October 13, 1997 Greece February 23, 1971 24 May 1971 Grenada 28 August 1985 26 November 1985 Guatemala 9 August 1988 has 7 November 1988 Guinea 13 August 1980 to 11 November 1980 Haiti March 24, 1961 June 22, 1961 Hungary 21 May 1993 has 19 August 1993 Iraq 12 January 1981 April 12, 1981 Iceland February 6, 1967 7 May 1967 Italy December 6, 1960 6 March 1961 Kenya 15 January 1997 was 15 April 1997 Kyrgyzstan 28 February 2000 28 May 2000 Kuwait 27 November 1979 25 February 1980 Laos June 4, 1956 has 2 September 1956 Lebanon 11 April 1969 to July 10, 1969 Libya 5 March 1973 A 4 June 1973 Luxembourg 16 December 1975 A 15 March 1976 Macedonia 30 August 1994 S 17 September 1991 Madagascar January 9, 1979 to April 9, 1979 Maldives 5 September 1995 A 4 December 1995 Mali December 28, 1961 A 28 March 1962 Morocco 13 December 1993 A 13 March 1994 Maurice April 17, 1991 A July 16, 1991 Mauritania 23 July 1962 A 21 October 1962 Mexico April 5, 1950 September 17, 1953 Monaco 14 December 1994 was 14 March 1995 Niger 27 December 1962 March 27, 1963 Nigeria 10 May 2002 A

August 8, 2002 Norway March 5, 1954 June 3, 1954 Oman 19 March 1992 17 June 1992 Uzbekistan 8 May 1997 has 6 August 1997 Pakistan 19 June 1953 September 17, 1953 Panama 26 October 1998 January 24, 1999 Paraguay September 26, 1969 A 25 December 1969 Netherlands 1 September 1959 30 November 1959 Netherlands Antilles 31 March 1988 to June 29, 1988 Aruba 31 March 1988 29 June 1988 Philippines February 22, 1978 has 23 may

1978 Portugal 12 December 1985 12 March 1986 Qatar April 20, 2007 A 19 July 2007


Republic Central African June 2, 1969 31 August 1969 Czech Republic August 24, 1998 A 22 November 1998 Romania 26 October 1994 A January 24, 1995 Rwanda 17 May 1971 A 15 August 1971 Senegal 20 December 1995 to 19 March 1996 Serbia 6 September 2001 S 27 April 1992 Seychelles 16 January 1979 has 16 April 1979 Slovenia 9 April 1997 8 July 1997 Sri Lanka 24 January 1994 has 24 April 1994 Sweden November 16, 1955 14 February 1956 Switzerland October 3, 1960 January 1, 1961 Suriname 27 March 2003 was 25 June 2003 Tajikistan 20 March 1996 18 June 1996 Chad February 14, 1974 may 15, 1974 Thailand 10 October 1967 has 8 January 1968 Togo 2 July 1980 30 September 1980 Tunisia 4 May 1966 has 2 August 1966 Turkmenistan 16 September 1993 to 15 December 1993 Uruguay 21 August 1985 19 November 1985 Viet Nam June 18, 1997 A 16 September

1997 Zimbabwe 6 February 1987 was May 7, 1987 * * reservations and declarations. Objections. Reservations, declarations and objections are not published to the RO. Texts in English will be available at the website of the Organization of international civil aviation (ICAO) address: http://www.icao.int/cgi/goto_m.pl?/icao/en/leb/treaty.htm or obtained from the Directorate of public international law (DPIL), Section of international treaties, 3003 Berne.

March 12, 1986, 19 Dec. 1999, the convention was applicable to Macao on the basis of a declaration of territorial extension of the Portugal. Starting from 20 Dec. 1999, Macao became a special administrative Region (SAR) of the People's Republic of China. Under the declaration Chinese from 9 Dec. 1999, the convention is also applicable to the Macao SAR from 20 dec. 1999 1960 1324 RO; FF 1959 I 433 AF, Sept. 22. 1959 (RO 1960 1323) a version of the update scope is published on the web site of the FDFA (http://www.dfae.admin.ch/traites).

State on October 30, 2008

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