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RS 0.748.217.1 Convention of 19 June 1948 on the International Recognition of Aircraft Rights

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 Aircraft Rights

Geneva, 19 June 1948

Approved by the Federal Assembly on September 22, 1959 1

Entry into force for Switzerland on 1 Er January 1961

(State on 30 October 2008)

Considering that the International Civil Aviation Conference, meeting in Chicago in November and December 1944, recommended the adoption at an early date of a Convention concerning the transfer of ownership of aircraft,

Considering that it is highly desirable, in the interest of the future expansion of international civil aviation, that aircraft rights be internationally recognized,

The Susigned, duly authorized, have agreed, on behalf of their respective Governments, to the following provisions:

Art. I

1 The Contracting States undertake to recognise:

A.
The right to property on aircraft,
B.
The right of the holder of an aircraft to acquire the property by way of purchase,
C.
The right to use an aircraft in performance of a tenancy contract for at least six months,
D.
The mortgage, the "mortgage" and any similar right on an aircraft created under contract as security for the payment of a debt, provided that such rights are
I.
Constituted in accordance with the law of the Contracting State in which the aircraft is registered at the time of their incorporation, and
Ii.
Regularly entered on the public register of the Contracting State in which the aircraft is registered. The regularity of successive entries in different Contracting States shall be determined according to the law of the Contracting State in which the aircraft is registered at the time of each entry.

2 Nothing in this Convention prohibits Contracting States from recognizing, by virtue of their national law, the validity of other rights encumbering an aircraft. However, no right preferable to those listed in paragraph 1 of this Article shall be admitted or recognized by the Contracting States.

Art. II

1 All entries relating to an aircraft shall be made on the same register.

2 Except as otherwise provided in this Convention, the effects in respect of third parties of the recording of one of the rights listed in paragraph 1 of Article I shall be determined in accordance with the law of the Contracting State in which that right is recorded.

3 Any Contracting State may prohibit the entry of a right on an aircraft which could not be validly constituted under its national law.

Art. III

1 The address of the service responsible for maintaining the register shall be indicated on the registration certificate of any aircraft.

2 Any person may be issued by this service certified shipments, copies or extracts which are authentic until proven otherwise by the particulars of the register.

3 If the law of a Contracting State provides that the placing on file of a document shall be the place of registration, that application shall have the same effect as registration for the purposes of the Convention. In this case, all provisions are made for the document to be made available to the public.

4 Reasonable taxes may be levied on the occasion of all operations carried out by the service responsible for the maintenance of the register.

Art. IV

1 The Contracting States acknowledge that the related claims:

A.
Compensation for the rescue of the aircraft,
B.
The extraordinary costs necessary for the preservation of the aircraft,

Are preferable to any other rights and claims on the aircraft, provided that they are privileged and have a resale right in accordance with the law of the Contracting State in which the rescue or conservation operations have ceased.

2 The claims listed in paragraph 1 of this Article shall take precedence in the reverse chronological order of the events which gave rise to them.

3 They may be mentioned in the Register within three months of the completion of the operations which gave rise to them.

4 The Contracting States shall prohibit the expiration of the three-month period referred to above in recognition of the security rights concerned, unless, during the said time limit:

A.
The preferential claim shall not be mentioned in the register in accordance with paragraph 3,
B.
The amount of the claim is not validly fixed or a legal action in respect of that claim is introduced. In this case, the law of the court seised determines the causes of the interruption or suspension of the time limit.

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

Art. V

The priority attached to the rights referred to in paragraph 1 (d) of Article I shall extend to all amounts guaranteed. However, as far as interest is concerned, priority shall be given only to those expired in the three years prior to the opening of the enforcement procedure and in the course of that procedure.

Art. VI

In the event of the seizure or forced sale of an aircraft or of an aircraft right, the Contracting States shall not be obliged to recognize the damage either of the creditor entering or prosecuting, or of the purchaser, the constitution or the transfer of one of the The rights listed in Article I, paragraph 1, by the right against which the procedure for the sale or execution of the proceedings is to be continued, even though it was aware thereof.

Art. VII

1 The procedures for the forced sale of an aircraft shall be those provided for by the law of the Contracting State in which the sale is made.

2 The following provisions must, however, be observed:

A.
The date and place of sale shall be fixed at least six weeks in advance;
B.
The striking creditor shall deliver to the court or other competent authority a certified extract in accordance with the markings on the aircraft. It shall, at least one month before the day fixed for sale, make the 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 addresses Carried on the register, the owner and holders of rights or preferential claims referred to in the Register in accordance with Article IV, paragraph 3.

3 The consequences of failure to comply with the provisions of paragraph 2 shall be those provided for by the law of the Contracting State in which the sale is made. Nevertheless, any sale made contrary to the rules laid down in that paragraph may be cancelled on request made within six months from the date of sale by any person who has suffered damage as a result of such non-compliance.

4 No forced sale may be made if the rights to which it is justified before the competent authority and which are preferable under this Convention to those of the seizing creditor cannot be extinguished by the price of the sale or Are not supported by the purchaser.

5 Where, in the territory of the Contracting State in which the sale is made, damage is caused to the surface by an aircraft charged, as a guarantee of a claim, of one of the rights provided for in Article I, the national law of that Contracting State may have, In the case of seizure of that aircraft or of any other aircraft having the same owner and charged with similar rights to the same creditor:

A.
That the provisions of paragraph 4 above have no effect on the victims or their beneficial creditors;
B.
That the rights provided for in Article I to guarantee a receivable and encumbrate the seized aircraft shall be enforceable against the victims or their successors in title only at a rate of 80 per cent of its selling price.

However, the above provisions of this paragraph shall not apply where the damage caused to the surface is suitably and sufficiently insured by or on behalf of the operator of a State or an insurance undertaking of a State Any.

In the absence of any other limitation provided for by the law of the Contracting State in which the sale is made on the seizure of an aircraft, the damage shall be deemed to be sufficiently insured within the meaning of this paragraph if the amount of the insurance corresponds to the Value to nine of the aircraft seized.

6 Fees legally payable under the law of the Contracting State in which the sale is made, and incurred in the course of the execution for sale and in the common interest of the creditors, shall be refunded on the price before any other Claims, even those favoured under Article IV.

Art. VIII

The forced sale of an aircraft in accordance with the provisions of Article VII shall transfer ownership of the aircraft free of all rights not taken up by the acquirer.

Art. IX

Except in the case of forced sales pursued in accordance with the provisions of Article VII, no transfer of registration or registration of an aircraft from the register of a Contracting State to that of another Contracting State may be effected without Pre-release of registered rights or without the consent of their owners.

Art. X

1 If, according to the law of the Contracting State in which an aircraft is registered, one of the rights provided for in Article I, regularly entered on an aircraft and constituted as a guarantee of a debt, extends to spare parts stored in one or more Specified locations, this extension shall be recognised by all the Contracting States, provided that the said rooms are kept at the said locations and that an appropriate publicity, carried out on the spot by means of display, shall be duly notified Third of the nature and extent of the right of which those parts are encumbered, and shall indicate the Register where it is registered and the name and address of its holder.

2 An inventory showing the nature and approximate number of such documents shall be annexed to the registered document. These parts may be replaced by similar parts without affecting the creditor's right.

3 The provisions of Article VII, 1 and 4 and Article VIII shall apply to the sale on the seizure of spare parts. However, if the claim for the seizure is not accompanied by any real security interest, the provisions of Article VII (4) shall be regarded as permitting the tender on an auction of two-thirds of the value of spare parts such as That it is determined by experts appointed by the sales authority. In addition, during the distribution of the price, the selling authority may limit, for the benefit of the seizing creditor, the amount payable to the higher-ranking creditors, to two-thirds of the proceeds of the sale after deduction of the Article VII, paragraph 6.

4 For the purposes of this Article, the term "spare parts" applies to parts of aircraft, engines, propellers, radio apparatus, instruments, equipment, toppings, parts thereof, and more generally to all other parts Objects, of any nature, preserved for the purpose of replacing parts of the aircraft.

Art. XI

1 The provisions of this Convention shall apply in each Contracting State only to aircraft registered in another Contracting State.

2 However, the Contracting States shall apply to aircraft registered in their territory:

A.
The provisions of Articles II, III, IX, and
B.
The provisions of Article IV, unless the rescue or protective operations have ceased on their own territory.
Art. XII

The provisions of this Convention shall in no way affect the right of Contracting States to proceed with respect of an aircraft to the implementing measures provided for in their national laws relating to immigration, customs or air navigation.

Art. XIII

This Convention shall not apply to aircraft assigned to military, customs or police services.

Art. XIV

For the purposes of this Convention, the competent judicial and administrative authorities of the Contracting States may, unless otherwise provided by their national law, correspond directly with each other.

Art. XV

The Contracting States undertake to take the necessary measures to ensure the implementation of the provisions of this Convention and to make them known without delay to the Secretary-General of the International Civil Aviation Organization.

Art. XVI

For the purposes of this Convention, "the aircraft" includes the airframe, engines, propellers, radio apparatus and all parts intended for the service of the aircraft, whether or not temporarily separated from the aircraft.

Art. XVII

If a territory represented by a Contracting State in its external relations maintains a separate register of registration, any reference made in this Convention to the law of the Contracting State shall be construed as a reference to the law of that Contracting State Territory.

Art. XVIII

This Convention shall remain open for signature until such time as it enters into force under the conditions laid down in Article XX.

Art. XIX

1 This Convention shall be ratified by the signatory States.

2 The instruments of ratification shall be deposited in the archives of the International Civil Aviation Organization, which shall notify the date of deposit to each of the signatory and acceding States.

Art. XX

1 Where two signatory States have deposited their instruments of ratification on this Convention, the Convention shall enter into force between them on the ninetieth day after the deposit of the second instrument of ratification. It shall enter into force in respect of each State which deposits its instrument of ratification after that date, the ninetieth day after the deposit of that instrument.

2 The International Civil Aviation Organization shall notify each signatory State of the date on which this Convention entered into force.

3 This Convention shall, from its entry into force, be registered with the United Nations by the Secretary-General of the International Civil Aviation Organization.

Art. XXI

1 This Convention shall, after its entry into force, be open for accession by non-signatory States.

2 Accession shall be effected by the deposit in the archives of the International Civil Aviation Organisation of an instrument of accession. The Organization shall notify the date of this deposit to each of the signatory and acceding States.

3 Accession shall take effect on the ninetieth day after the deposit of the instrument of accession in the archives of the International Civil Aviation Organisation.

Art. XXII

1 Each Contracting State may denounce this Convention by notifying this denunciation to the International Civil Aviation Organisation, which shall inform each of the signatory States and members of the date of receipt of that notification.

2 Denunciation shall take effect six months after the date of receipt by the Organization of the notification of denunciation.

Art. XXIII Scope of application on 30 October 2008

1 Any State may, at the time of the deposit of its instrument of ratification or accession, declare that its acceptance of this Convention does not apply to one or more of the territories it represents in external relations.

2 The International Civil Aviation Organization shall notify such a declaration to each of the signatory or acceding States.

3 With the exception of the territories in respect of which a declaration has been made in accordance with paragraph 1 of this Article, the Convention shall apply to all territories which a Contracting State represents in external relations.

4 Any State may accede to this Convention separately on behalf of all or any of the territories in respect of which it has made a declaration in accordance with paragraph 1 of this Article; in that case, the provisions of paragraphs 2 Article XXI shall apply to that accession.

5 Any Contracting State may denounce this Convention, in accordance with the provisions of Article XXII, separately for all or for any of the territories which that State represents in external relations.

In witness whereof, The undersigned Plenipotentiaries, duly authorized, have signed this Convention.

Done at Geneva on the nineteenth day of the month of June of the year thousand nine hundred and forty-eight, in English, French 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 shall remain open for signature.

(Suivent signatures)

Scope of application on 30 October 2008 2

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

South Africa

21 September

1998 A

20 December

1998

Algeria

10 August

1964 A

8 November

1964

Germany

7 July

1959 A

5 October

1959

Angola

24 February

1998 A

25 May

1998

Argentina

31 January

1958

1 Er May

1958

Azerbaijan

23 March

2000 A

21 June

2000

Bahrain

3 March

1997 A

1 Er June

1997

Bangladesh

6 January

1988 A

5 April

1988

Belgium

22 October

1993

20 January

1994

Bolivia

July 9

1998 A

7 October

1998

Bosnia and Herzegovina

7 March

1995 A

6 March

1992

Brazil

3 July

1953

1 Er October

1953

Cameroon

July 23

1969 A

21 October

1969

Chile

19 December

1955

18 March

1956

China *

28 April

2000 A

27 July

2000

Macao A

9 December

1999

20 December

1999

Colombia

8 September

2006

7 December

2006

Congo (Brazzaville)

3 May

1982 A

1 Er August

1982

Côte d' Ivoire

August 23

1965 A

21 November

1965

Croatia

5 October

1993 A

3 January

1994

Cuba

20 June

1961

18 September

1961

Denmark

January 18

1963

18 April

1963

Egypt

10 September

1969 A

9 December

1969

El Salvador

August 14

1958 A

12 November

1958

Ecuador

July 14

1958 A

12 October

1958

Estonia

31 December

1993 A

March 31

1994

United States **

September 6

1949

September 17

1953

Ethiopia

7 June

1979 A

September 5

1979

France

February 27

1964

27 May

1964

Gabon

14 January

1970 A

April 14

1970

Gambia

20 June

2000 A

18 September

2000

Ghana

July 15

1997 A

13 October

1997

Greece

23 February

1971

24 May

1971

Grenada

August 28

1985 A

26 November

1985

Guatemala

August 9

1988 A

7 November

1988

Guinea

13 August

1980 A

11 November

1980

Haiti

24 March

1961 A

22 June

1961

Hungary

21 May

1993 A

19 August

1993

Iraq

12 January

1981 A

12 April

1981

Iceland

February 6

1967

7 May

1967

Italy

6 December

1960

6 March

1961

Kenya

15 January

1997 A

15 April

1997

Kyrgyzstan

28 February

2000 A

28 May

2000

Kuwait *

27 November

1979 A

25 February

1980

Laos

4 June

1956 A

2 September

1956

Lebanon

April 11

1969 A

10 July

1969

Libya

March 5

1973 A

4 June

1973

Luxembourg

16 December

1975 A

15 March

1976

Macedonia

August 30

1994 S

September 17

1991

Madagascar

9 January

1979 A

April 9

1979

Maldives

September 5

1995 A

4 December

1995

Mali

28 December

1961 A

28 March

1962

Morocco

13 December

1993 A

13 March

1994

Mauritius

April 17

1991 A

July 16

1991

Mauritania

July 23

1962 A

21 October

1962

Mexico *

5 April

1950

September 17

1953

Monaco

14 December

1994 A

March 14

1995

Niger

27 December

1962 A

March 27

1963

Nigeria

10 May

2002 A

8 August

2002

Norway

March 5

1954

3 June

1954

Oman

19 March

1992 A

17 June

1992

Uzbekistan

8 May

1997 A

August 6

1997

Pakistan

19 June

1953

September 17

1953

Panama

26 October

1998 A

24 January

1999

Paraguay

26 September

1969 A

25 December

1969

Netherlands *

1 Er September

1959

30 November

1959

Netherlands Antilles

March 31

1988 A

29 June

1988

Aruba

March 31

1988 A

29 June

1988

Philippines

22 February

1978 A

23 May

1978

Portugal

12 December

1985

12 March

1986

Qatar

20 April

2007 A

19 July

2007

Central African Republic

2 June

1969 A

August 31

1969

Czech Republic

August 24

1998 A

22 November

1998

Romania

26 October

1994 A

24 January

1995

Rwanda

17 May

1971 A

August 15

1971

Senegal

20 December

1995 A

19 March

1996

Serbia

September 6

2001 S

April 27

1992

Seychelles

16 January

1979 A

April 16

1979

Slovenia

April 9

1997 A

July 8

1997

Sri Lanka

24 January

1994 A

24 April

1994

Sweden *

16 November

1955

February 14

1956

Switzerland

3 October

1960

1 Er January

1961

Suriname

March 27

2003 A

25 June

2003

Tajikistan

20 March

1996 A

18 June

1996

Chad

February 14

1974 A

15 May

1974

Thailand

10 October

1967 A

8 January

1968

Togo

July 2

1980 A

September 30

1980

Tunisia

4 May

1966 A

2 August

1966

Turkmenistan

16 September

1993 A

15 December

1993

Uruguay

August 21

1985 A

19 November

1985

Vietnam

18 June

1997 A

16 September

1997

Zimbabwe

February 6

1987 A

7 May

1987

* **

Reservations and declarations. Objections. Reservations, declarations and objections are not published in the RO. The texts in English can be found at the website of the International Civil Aviation Organization (ICAO): http://www.icao.int/cgi/goto_m.pl?/icao/en/leb/treaty.htm or obtained in the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

From 12 March 1986 to 19 Dec. 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of Dec 9. 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.


RO 1960 1324; FF 1959 I 433


1 AF of the 22nd. 1959 (RO 1960 1323)
2 A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status October 30, 2008