Rs 748.217.1 Federal Law Of 7 October 1959 On The Aircraft Register

Original Language Title: RS 748.217.1 Loi fédérale du 7 octobre 1959 sur le registre des aéronefs

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748.217.1 Federal law on the aircraft register of October 7, 1959 (Status January 1, 2011) the Federal Assembly of the Swiss Confederation, view the art. 37 and 64 of the federal constitution; considering the message of the federal Council on 13 March 1959, stop: Chapter 1: Application art. 1 I. aircraft Swiss I. Swiss aircraft this Act is applicable to all aircraft Swiss enrolled in the registry of the aircraft.
The aircraft listed in the Swiss number are brought to the registry of the aircraft at the request of their owner.

Art. 2 II. II foreign aircraft. Foreign aircraft this Act is applicable by analogy to foreign aircraft, taking into account international agreements.
Moreover, the existence and effect of real rights on foreign aircraft are governed by the law of the place of registration. For the protection of an acquired right in good faith the provisions of the Swiss civil code on securities things are however applicable if the aircraft was in Switzerland at the time of the establishment of the right.

SR 210 chapter II. The registry of the aircraft article 3 I. The aircraft I register. The federal register of the aircraft the Agency of civil aviation maintains a register of aircraft for the determination of rights in rem on the aircraft subject to this Act.

The name of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This amendment has been made throughout the text.

Art. 4 II. Content of the register of aircraft / 1. Inscriptions II. Content of the register of aircraft 1. Inscriptions the property and rights of pledge on the aircraft are registered to the aircraft registry.

Art. 5 II. Content of the aircraft register / 2. Annotations 2. Annotations can be annotated to the aircraft registry: a. restrictions to the right to alienate, when they result from a seizure; b. Provisional registrations taken by one who alleges a real right or that the law allows to complete his legitimisation; c. The right to the lien holder to enjoy a free has become earlier square; d. The right to use the aircraft, if this right is the subject of a contract rental or Charter for a period of at least six months.

New content according to section 21 of the annex to the LF of 16 Dec. 1994, in force since Jan. 1. 1997 (RO 1995 1227; FF 1991 III 1).

Art. 6 II. Content of the register of aircraft / 3. References 3. Mentions of an aircraft accessories are, at the request of the owner, mentioned in the aircraft register.

Art. 7 III. Establish - ment and held the aircraft register / 1. In general III. Establish - ment and keeping of the register of aircraft 1. In general the provisions on the establishment and keeping of the land register and the register of ships shall apply by analogy to the aircraft registry, as this Act or its regulations of September 2, 1960 do not otherwise.

SR 748.217.11 art. 8 III. Establish - ment and held the aircraft register / 2. Registration 2. Registration the registration of an aircraft to the aircraft registry must be made in writing.
Where the application has been submitted, the federal civil aviation Office publicly sum third parties to file any objections and to announce their possible rights.
After registration, the federal civil aviation Office proceeded to put net of expenses.

Art. 9 III. Establish - ment and held the aircraft registry / 3. Radiation / a. reasons 3. Radiation a. grounds an aircraft is removed from the registry of the aircraft if the owner asking the matriculation after agreement with the holders of rights in rem, or the matriculation must have place of office in accordance with the enforcement provisions of the Federal law of 21 December 1948 air navigation.

SR 748.0 art. 10 III. Establish - ment and held the aircraft registry / 3. Radiation / b. Annotation b. Annotation as soon as the federal civil aviation Office finds that there is a pattern of radiation, in fact the annotation in the aircraft register.
Registered in the register of the aircraft owner cannot dispose of the aircraft as long as exists this annotation.

Art. 11 III. Establish - ment and held the aircraft registry / 3. Radiation / c. time-out c. time-out period three months after receipt of the application for exmatriculation or introduction within the same procedure of potential opposition, the aircraft is removed from the register of aircraft, except continued in realization of gage or seizure.
The declaration of legal lien interrupts the time-out period that starts to run from the registration.

Art. 12 III. Establish - ment and held the aircraft registry / 3. Radiation / d. effects d. effects after his disbarment, the aircraft is subject to the provisions of the Swiss civil code on the security things.
When at the time of cancellation, registration in another State is sought, the inscriptions and annotations made in application of this Act continue to be valid for three months, unless otherwise provided in effect instead of the new record.

SR 210 art. 13 IV. Advertising of the IV aircraft register. Advertising of the aircraft register the aircraft register is public.
Anyone can ask to read or to deliver legalized extracts.
No one can take advantage of what it has not known a registration in the register of the aircraft.

Art. V. effects of the aircraft register 14 / 1. Effects of lack of registration V. effects of registry of the aircraft 1. Effects of lack of registration any right which the constitution is legally subject to entry in the register of aircraft exist as real right unless this registration took place.

Art. V. effects of the aircraft register 15 / 1. Effects of lack of registration / has. In general 2. Effects of registration has. Generally the real rights are born, their rank and receive their date by registration in the General Ledger.
The effect of registration dates back to where it was in the newspaper.

Art. V. effects of the aircraft register 16 / 1. Effects of lack of registration / b. With respect to the bona fide third party b. To third parties of good faith who has acquired the property or a lien relying in good faith on a registration of the aircraft register is maintained in its acquisition.
If however the registration of the aircraft to the aircraft registry has been made despite an earlier inscription, the protection of the law cannot be invoked against the holder in good faith of a real right based on the first entry.

Art. 17VI....

VI....

Repealed by no 83 of annex to the law of 17 June 2005 on the federal administrative court, with effect from Jan 1. 2007 (RO 2006 2197; FF 2001-4000).

Art. 18 VII. Responsibility - responsibility VII. Responsibility-responsibility the Federal Government is responsible for any damage as a result of maintaining the aircraft register.

Art. 19 VIII. Emolu - elements VIII. Emolu-the federal Office of civil aviation collects fees for the official operations arising from the holding of the aircraft register.

Chapter III. Real rights on the aircraft article 20A. Ownership / I. scope / 1. Part a. The right of ownership I. scope 1. Integral parts of the owner of an aircraft is all that is an integral part.

Art. 21A. Ownership / I. scope / 2. Accessories 2. Accessories all Act provision on an aircraft extends to Accessories, if the contrary has not been reserved.
Are accessories movable objects which, according to the commercial uses the clear willingness of the owner of the aircraft, are assigned to its operation and, at the time of disposal, are mounted on the aircraft or were separated, but not yet replaced or put on another aircraft.

Art. 22A. Ownership / I. scope / 3. Propulsion units 3. Propulsion units of propulsion units specifically identified and entered in the register of aircraft with an aircraft are considered as integral parts, even if they are not attached to him.
Other propulsion units can be accessories of an aircraft.

Art. 23A. Ownership / II. Acquisition of the property / 1. Transfer II. Acquisition of property 1. Transfer the registration of the aircraft is necessary for contractual acquisition of the ownership of an aircraft.
The contract is valid in written form.

Art. 24 A. Ownership / II. Acquisition of the property / 2. Acquisitive prescription 2. Acquisitive prescription rights of who scored without legitimate cause to the registry of the aircraft as the owner can no longer be challenged when he owned the aircraft in good faith, without interruption and peacefully, for five years.

Art. 25A. Ownership / III. Loss III. The property loss turns off by the cancellation of the recording and the total loss of the aircraft.
The provisions on radiation and non-registered cases of acquisition are reserved.

Art. 26 B mortgage on aircraft / I. purpose B. mortgage on aircraft I. purpose mortgage on aircraft can be formed for security of a debt any, current, future, or just possible.

The mortgage on aircraft constituted for an undetermined or variable amount receivables security receives a fixed box with indication of a maximum amount set out in the national currency.

Art. 27 B mortgage on aircraft / II. Overall mortgage and loan II obligation. Overall mortgage and loan obligation several aircraft may be established as a token for the same claim, when they belong to the same owner or solidarity co-debtors.
Obligations of loan may be secured by a mortgage on aircraft for the full amount of the loan.

Art. 28 B mortgage on aircraft / III. Constitution III. Constitution the right of pledge contract is constituted by registration at the registry of the aircraft.
The contract is valid in written form.

Art. 29 B mortgage on aircraft / IV. Extension to spare parts / 1. Conditions IV. Extension to the spare parts 1. Conditions the right of pledge on an aircraft can be extended to spare parts to condition: a. that there is a fixed warehouse in Switzerland or abroad; b. This warehouse has a separate location; c. That a clearly visible sign to warn of the existence of the right of pledge and contains the name and address of the creditor, as well as the mention of the registration of the right of lien to the aircraft registry.

Art. 30 B mortgage on aircraft / IV. Extension to spare parts / 2. Constitution 2. Constitution extending the right of pledge can take place at a later date.

Art. 31 B mortgage on aircraft / IV. Extension to spare parts / 3. Mortgage box 3. Mortgage box the right of pledge on spare parts is independent of that of the right of pledge on the aircraft.

Art. 32 B mortgage on aircraft / IV. Extension to spare parts / 4. Effects 4. Effects the effects of the right of pledge on the spare parts are the same as those of the right of lien on the equipment of the aircraft.
The right of pledge on spare parts takes effect in favour of the pledgee which it supplements the right of lien on aircraft.

Art. 33 B mortgage on aircraft / V. Extinction V. endangered the right of pledge extinguishes by the cancellation of the recording, by the total loss of the aircraft and its radiation to the aircraft registry.
In case of total loss of the aircraft, the right of pledge may be exercised even six months on mortgaged spare parts and propulsion units that were integral parts of the aircraft, but have not been lost with him.

Art. 34 B mortgage on aircraft / VI. Effects / 1. Property and debt / a. relief and information VI. Effects 1. Property and debt a. relief and information the owner of the aircraft who is not personally held mortgage debt can encumbrance his aircraft to the same conditions as those that are made to the debtor to turn off the debt; He is subrogated to the rights of the creditor that it loses interest.
When the owner of the aircraft is not personally bound, the denunciation of the refund by the creditor is binding on her if she took place both in its regard as against the debtor.

Art. 35 B mortgage on aircraft / VI. Effects / 1. Property and debt / b. Alienation b. disposition if the acquirer of mortgaged aircraft is responsible for the debt, the federal Office for civil aviation shall notify the creditor.
The original debtor is released, unless the creditor States in writing, him in the year, it will not renounce its rights against him.

Art. 36 B mortgage on aircraft / VI. Effects / 2. Requirement 2. Prescription lien registration makes the inalienable claim.

Art. 37 B mortgage on aircraft / VI. Effects / 3. Right of the creditor / a. scope 3. Right of the creditor a. scope the right of pledge hit the aircraft with its integral parts and accessories.
Are exempt accessories that do not belong to the owner of the aircraft.

Art. 38 B mortgage on aircraft / VI. Effects / 3. Right of the creditor / b. changes b. changes the owner has the right, without the consent of the pledgee, to make changes to the aircraft and its accessories, or of proceeding to overrides of units of propulsion in the aircraft register, provided that the value of the pledge is not obviously diminished.
The owner of the aircraft formed pledge can validly waive the right.

Art. 39 B mortgage on aircraft / VI. Effects / 4. Subsidiary Lien / has. In general 4. Right of pledge subsidiary has. In general the pledgee has a legal mortgage on the claims that can be argued the owner then sustainable confiscation, deterioration, destruction or any other loss of mortgaged aircraft.

Art. 40 B mortgage on aircraft / VI. Effects / 4. Subsidiary lien / b. Auto-insurance b. Auto-insurance when a mortgaged aircraft is forfeited in a way that is sustainable, damaged, destroyed or lost in any other way and when its owner had set up in anticipation of such damage, a supply of goods, the pledgee acquires as a result of the confiscation, deterioration, destruction or any other loss of the aircraft a legal mortgage on the reserve.
The scope of the right of pledge depends on the rank of the mortgage on aircraft, the significance of the damage and the amount of the claim.
This right of pledge against other damage resulting subsidiary guarantee rights is determined by the time the damage occurs.

Art. 41 B mortgage on aircraft / VI. Effects / 4. Subsidiary lien / c. relief c. relief the encumbered assets of subsidiary lien must be returned to the owner, against sufficient collateral, if he needs it to restore or replace the aircraft.

Art. 42 B mortgage on aircraft / VII. Collateral / 1. Depreciation of the aircraft / a. interim measures VII. Security 1. Depreciation of the aircraft a. precautionary measures when the owner or operator decreases the value of a mortgaged aircraft, the creditor can be ordered by the judge to stop all harmful acts. It is the same for goods that could be subject to a right of lien subsidiary.
The creditor may be authorized by the judge to take the necessary steps and it even has the right, if there is danger in delay, to take his head. The owner can demand reimbursement of the costs so incurred.

Art. 43 B mortgage on aircraft / VII. Collateral / 1. Depreciation of the aircraft / b. Security, restoration of the previous state and refund b. Security, restoration of the previous state and refund in case of depreciation of the aircraft, the creditor may require the debtor of collateral or the restoration of the previous state, and as long as it is not covered by subsidiary lien.
It may also request security if there is a danger of depreciation.
He is entitled to claim a refund enough for its guarantee, when the debtor does not run within the time fixed by the judge.

Art. 44 B mortgage on aircraft / VII. Collateral / 2. Due in the event of radiation 2. Due in the event of radiation when a pattern of radiation of a mortgaged aircraft is annotated in the aircraft register, the creditor may demand repayment of the debt.

Art. 45 B mortgage on aircraft / VIII. Guaranteed mortgage / 1. Scope of the warranty VIII. Mortgage guarantee 1. Scope of the guarantee the right of pledge guarantees the creditor capital, the costs of the proceedings and the interests of three years expired at the time of the opening of the bankruptcy or the sale requisition and those who have run since the last deadline.

Art. 46 B mortgage on aircraft / VIII. Guaranteed mortgage / 2. Realization mode 2. Embodiment fault by the debtor to meet his obligations the creditor has the right to pay, by way of execution, on the selling price of the aircraft.

Art. 47 C legal mortgages / I. case C. mortgages legal I. case a right legal lien on a particular aircraft may be registered to ensure: a. claims from assistance or rescue of the aircraft; b. Receivables from extraordinary expenses required to keep the aircraft or assert rights against a third required to compensation in the event of lasting confiscation, deterioration, destruction or any other loss of the aircraft.

Art. 48 C legal mortgages / II. Constitution and effects / 1. Entry in the register of the II aircraft. Constitution and effects 1. Entry in the register of aircraft the right of legal guarantee goes out if the beneficiary, in the three months following the birth of his right: a. does not, to the federal Office of civil aviation, a recognition of the debt and the right of pledge signed by the debtor and the owner or has not filed action; b. Does not declare the right of pledge for its registration in the register of the aircraft.

Art. 49 C legal mortgages / II. Constitution and effects / 2. Rank 2. Rank the legal guarantee rights are privileged compared to all other real rights made up until the moment when they are announced.

The legal guarantee rights shall take precedence between them in the reverse order of the events that gave them birth; they receive the same rank if they are related to claims from the same event.

Art. 50 C legal mortgages / II. Constitution and effects / 3. Effects 3. Effects the legal guarantee rights are governed by the provisions relating to the mortgage on aircraft.
Legal Lien holder has no right of subsidiary guarantee in the event of confiscation, deterioration, destruction or any other loss of the aircraft.

Art. 51 D. Exclusion of other collateral D. Exclusion of other securities a right of retention, collateral or one legal lien other than those provided for by this Act may be set up on aircraft and spare parts.

Chapter IV. Enforcement on aircraft art. 52 I. In general I. Generally enforced on aircraft takes place according to the rules of enforcement for buildings, unless otherwise provided by this Act or the regulations of September 2, 1960.

SR 748.217.11 art. 53 II. Jurisdiction / 1. Swiss II aircraft. Jurisdiction 1. Swiss aircraft for the realization of the pledge established on a Swiss aircraft or spare parts, jurisdiction is the debt collection office of the place designated in the register of aircraft such as the owner's home.

Art. 54 II. Jurisdiction / 2. Foreign aircraft 2. Foreign aircraft the Swiss office of prosecutions in the district which are the aircraft or spare parts is responsible for the further realization of the pledge established on a foreign aircraft or parts of foreign companies.

Art. 55 III. Procedure / 1. Pursuit, seizure, administration / a. period of payment III. Procedure 1. Pursuit, seizure, administration a. payment deadline in the pursuit in realization of guarantee, the payment deadline to fix the debtor is one month.

Art. 56 III. Procedure / 1. Pursuit, seizure, administration / b. directors-tion b. directors - in the realization of collateral proceeding, prosecution office is responsible for the administration of the pledge upon notification of the order to pay, unless the creditor not pulling.
The same rule is applicable after the seizure of the aircraft.
The aircraft and spare parts can be put in the custody of the authority or be placed in the custody of a third party.

Art. 57 III. Procedure / 2. Realization / a. application 2. A. application sale of the gage can be required a month at the earliest, and one year at the latest after the seizure.
In the pursuit in realization of collateral, the delays begin to run upon notification of the order to pay.

Art. 58 III. Procedure / 2. Realization / b. embodiment b. Mode of realization the auction takes place in the course of the third month after the sale requisition.
The auction may be replaced by a sale by mutual agreement, if all concerned so request.

Art. 59 III. Procedure / 2. Realization / c. terms of sale (c) Conditions of sale the terms of sale remain filed at least one month before the auction to the debt collection office, where everyone can learn.
They must indicate in particular: a. that the aircraft will be awarded to the Frank awardee of all charges that are not preferable to the claim of the Prosecutor; b. The successful tenderer must meet the costs better than the claim of the Prosecutor, with the exception of mortgage debts paid first on the proceeds of the sale, without otherwise among the concerned arrangement, and that, even if the debt is not due.

Art. 60 III. Procedure / 2. Realization / d. resort d. use the acquisition of the property by the purchaser cannot be attacked only by means of a complaint for annulment of the award.
The appeal period is 30 days; for foreign aircraft, longer deadlines imposed by international agreements are reserved.

Chapter V. provisions criminal art. 61 and 62I. …

I....

Repealed by section II 26 of annex 1 to the code of civil procedure 19 dec. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 63II. penal provisions and Criminal Court / 1. Contra - ventions II. Penal provisions and criminal jurisdiction 1. Contra - ventions anyone who contravenes the duty imposed by the regulations of September 2, 1960, of this Act to make a statement to the federal Office of civil aviation, anyone who, at the time of registration of an aircraft or other annotations to the aircraft registry, says inaccurately to the federal Office of civil aviation or ignores the essential facts, anyone unduly, makes it unrecognizable, removes or moves registration affixed to a supply of spare parts, mortgaged, is punished by the fine.

New content according to art. 333 of the penal code, in the content of the Federal ACT of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).
SR 748.217.11 art. 64II. penal provisions and Criminal Court / 2. …

2....

Repealed by no 16 of the schedule to the DPA (RO 1974 1857; FF 1971 I 1017).

Art. 65II. penal provisions and Criminal Court / 3. Administrative criminal law; jurisdiction 3. Administrative criminal law; jurisdiction the Federal law of March 22, 1974 on administrative penal law is applicable. The federal Office of civil aviation is the competent administrative authority to continue and judge.

New content according to section 16 of the schedule to the DPA, in force since Jan. 1. 1975 (1974 1857 RO; FF 1971 I 1017).
RS 313.0 chapter VI. Final provisions art. 66 entry into force implementation entry into force implementing the federal Council sets the date of entry into force of this Act.
He is responsible for the execution.

Date of entry into force: 1 January 1961 RO 1960 1301 [RS 1 3] FF 1959 I 452 new content according to ch. II 26 of annex 1 to the code of civil procedure of 19 Dec. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
ACF Sept. 2. 1960 state on January 1, 2011

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