I. Swiss Aircraft

¹ This Law shall apply to all Swiss aircraft registered in the Register of Aircraft.

² Aircraft registered in the Swiss service register shall be entered in the register of aircraft at the request of their owner.

II. Foreign Aircraft

¹ This Law shall apply mutatis mutandis to foreign aircraft, taking into account international agreements.

² In addition, the existence and effects of the actual rights on a foreign aircraft are governed by the law of the place of registration. For the protection of a right acquired in good faith, the provisions of the Swiss Civil Code ¹ On securities, however, are applicable if the aircraft was in Switzerland at the time of incorporation of the right.

I. The Aircraft Register

Federal Office of Civil Aviation ¹ Maintains an aircraft register for the determination of the actual rights on aircraft subject to this Act.

II. Aircraft Register Contents

1. Enrolment

The property and the rights of pledge on aircraft are recorded in the Aircraft Register.

2. Annotations

May be annotated in the Aircraft Register:

A. ¹

Restrictions on the right to dispose, where they result from seizure;

B.

Provisional entries made by the person alleging a right in rem or by the person authorized by the law to supplement his or her legitimation;

C.

The right of the holder of a right of pledge to take advantage of an earlier box which has become free;

D.

The right to use the aircraft, if this right is the subject of a lease or charter contract of at least six months.

3. Mentions

The accessories of an aircraft are, at the request of the owner, mentioned in the Aircraft Register.

III. Aircraft Register and Record Keeping

1. In general

The provisions on the establishment and maintenance of the land register and the register of vessels shall apply mutatis mutandis to the Register of Aircraft, as this Law or its Regulations of 2 September 1960 ¹ Do not have otherwise.

2. Registration

¹ An application for the registration of an aircraft in the Aircraft Register shall be submitted in writing.

² When the application was made, the Federal Office of Civil Aviation publicly funds third parties to file their potential objections and to advertise their potential rights.

³ After registration, the Federal Office for Civil Aviation shall proceed to the net of the charges.

3. Radiation

A. Grounds

An aircraft shall be removed from the aircraft register if the owner is required to be registered after the agreement of the owners of the real rights, or if the registration is to take place ex officio in accordance with the provisions of the Federal Law of the 21 December 1948 ¹ On air navigation.

B. Annotation

¹ As soon as the Federal Office of Civil Aviation finds that there is a ground for cancellation, it makes an annotation in the aircraft register.

² The owner of the aircraft register shall not dispose of the aircraft as long as this annotation remains.

C. Timeout

¹ Three months after receipt of the application for registration or introduction within this period of a possible opposition procedure, the aircraft shall be removed from the aircraft register, except in pursuit of the pledge or seizure.

² The declaration of a legal lien interrupts the waiting period, which starts to run from the registration.

D. Effects

¹ After cancellation, the aircraft shall be subject to the provisions of the Swiss Civil Code ¹ On securities.

² Where, at the time of cancellation, registration in another State is requested, the entries and annotations made pursuant to this Law shall remain valid for three months, except as otherwise provided for in the New record.

IV. Aircraft Register Advertising

¹ The Aircraft Register is public.

² Anyone may request that they become aware of them or have them issued legalised extracts.

³ No person shall take advantage of the fact that he or she has not been registered in the aircraft register.

Effects of the Aircraft Register

1. Effects of non-registration

Any right whose constitution is legally subordinate to an entry in the register of aircraft exists as a right in rem only if that registration has taken place.

2. Effects of Registration

A. In general

¹ The real rights are born, take their place and receive their date by the inscription in the general ledger.

² The effect of the inscription dates back to the time when it was made in the newspaper.

B. In respect of bona fide third parties

¹ The person who acquired the property or a lien on the basis of good faith on the registration of the aircraft register shall be maintained in its acquisition.

² If, however, the registration of the aircraft in the aircraft register has been effected despite an earlier registration, the protection of the law cannot be invoked against the holder in good faith of a right in rem based on the first entry.

VI. ...

VII. Respon-Sability

The Confederation shall be responsible for any damage resulting from the keeping of the aircraft register.

VIII. Emolu-ments

The Federal Office for Civil Aviation collects emoluments for official operations arising from the maintenance of the aircraft register.

A. The Right of Ownership

I. Scope

1. Integrative parts

The owner of an aircraft is an integral part of the aircraft.

2. Accessories

¹ Any provision relating to an aircraft shall extend to the accessories, if the contrary has not been reserved.

² The following are accessories for movable objects which, according to the commercial uses or the clearly expressed will of the owner of the aircraft, are assigned to its operation and, at the time of the act of disposition, are mounted on the aircraft or Have been separated but not yet replaced or put on another aircraft.

3. Propulsion units

¹ Propulsion units specifically designated and recorded in the Aircraft Register with an aircraft shall be considered as integral parts, even if they are not attached to it.

² Other propulsion units may be accessories of an aircraft.

II. Acquiring the property

1. Transfer

¹ Registration in the Aircraft Register is necessary for the contractual acquisition of the ownership of an aircraft.

² The contract is valid only in written form.

2. Acquisitive Prescription

The rights of the person who has been registered without cause in the Register of Aircraft as the owner can no longer be challenged when he owned the aircraft in good faith, without interruption and peacefully, for five years.

III. Loss

¹ The property is extinguished by the cancellation of the registration and the total loss of the aircraft.

² The provisions on deregistration and unrecorded acquisition cases are reserved.

B. Aircraft Mortgage

I. Purpose

¹ The mortgage on aircraft may be constituted for the security of any debt, whether present, future or simply possible.

² An aircraft mortgage, even for the security of claims of an indeterminate or variable amount, shall be given a fixed box with an indication of a maximum amount stated in national currency.

II. Global Mortgage and Borrowing Bond

¹ Several aircraft may be pledged for the same claim, when they belong to the same owner or to joint debtors.

² Borrowing bonds can be secured by an aircraft mortgage for the entire loan.

III. Constitution

¹ The contract security right shall be constituted by the entry in the register of aircraft.

² The contract is valid only in written form.

IV. Extension to spare parts

1. Conditions

The right of pledge on an aircraft may be extended to spare parts provided that:

A.

Whether there is a fixed warehouse in Switzerland or abroad;

B.

That this warehouse have a separate location;

C.

That a clearly visible registration will warn of the existence of the lien and include the name and address of the creditor, as well as the mention of the registration of the security right in the aircraft register.

2. Constitution

The extension of the pledge can take place at a later time.

3. Mortgage Box

The rank of the lien on spare parts is independent from that of the right of pledge on the aircraft.

4. Effects

¹ The effects of the lien on spare parts are the same as those of the right of pledge on the accessories of the aircraft.

² The lien on spare parts shall only be effective in favour of the secured creditor of which it supplements the right of pledge on aircraft.

Extinction

¹ The right of pledge shall be extinguished by the cancellation of the registration, the total loss of the aircraft and its cancellation in the aircraft register.

² In the event of a total loss of the aircraft, the lien may still be exercised for six months on the mortgaged spare parts and on the propulsion units that were integral parts of the aircraft, but were not lost with the aircraft.

VI. Effects

1. Ownership and indebtedness

A. Termination and termination

¹ The owner of an aircraft that is not personally liable for the mortgage debt may unburden the aircraft on the same terms and conditions as are made to the debtor to extinguish the debt; it is subrogated to the creditor's rights Disinterested.

² Where the owner of the aircraft is not personally liable, the termination of the reimbursement by the creditor shall be effective against the owner of the aircraft only if it has occurred both in respect of the owner and in respect of the debtor.

B. Alienation

¹ If the purchaser of a mortgaged aircraft has taken charge of the debt, the Federal Office for Civil Aviation shall notify the creditor.

² The original debtor is released, unless the creditor declares in writing, in the year, that he intends not to waive his rights against him.

2. Prescription

The registration of a lien shall render the claim imprescriptible.

3. Right of Creditor

A. Scope

¹ The right of pledge strikes the aircraft with its integral parts and accessories.

² Except for accessories that do not belong to the owner of the aircraft.

B. Changes

¹ The owner shall have the right, without the consent of the gaining creditor, to make modifications to the aircraft and its accessories, or to replace propulsion units in the aircraft register, provided that the value of the pledge does not Is not clearly diminished.

² The owner of the aircraft shall not validly waive this right.

4. Subsidiary pledge

A. In general

The secured creditor has a legal mortgage on the claims that can be claimed by the owner subsequent to the lasting forfeiture, damage, destruction or other loss of the mortgaged aircraft.

B. Self-insurance

¹ When a mortgaged aircraft is confiscated in a sustainable manner, damaged, destroyed or otherwise lost, and where the owner of the mortgaged property, in anticipation of such damage, constituted a reserve of property, the secured creditor acquires The forfeiture, damage, destruction or other loss of the aircraft, a legal mortgage on that reserve.

² The extent of the right of pledge depends on the rank of the aircraft mortgage, the magnitude of the damage and the amount of the debt.

³ The rank of this lien against subsidiary pledge rights resulting from further damage is determined by the time at which the damage occurs.

C. Completion

Property subject to a subsidiary pledge right must be returned to the owner, against adequate security, if necessary to restore or replace the aircraft.

VII. Security Interests

1. Depreciation of aircraft

A. Conservatory Measures

¹ Where the owner or operator decreases the value of a mortgaged aircraft, the creditor may order the owner or operator to cease all prejudicial acts. The same applies to goods which may be subject to a subsidiary pledge.

² The creditor may be authorized by the judge to take the necessary measures and even has the right, if there is a danger in the house, to take them from its leader. The owner may charge a refund of the costs incurred.

B. Security interests, restoration of the prior state and reimbursement

¹ In the event of the depreciation of the aircraft, the creditor may require the debtor of the security or the restoration of the prior state, as it is not covered by a subsidiary pledge right.

² It may also request security rights if there is a risk of impairment.

³ It is entitled to claim a sufficient refund for its guarantee, where the debtor does not execute within the time limit fixed by the judge.

2. Cancellation in case of cancellation

Where a ground for cancellation of a mortgaged aeroplane is annotated in the aircraft register, the creditor may demand repayment of the debt.

VIII. Mortgage Warranty

1. Warranty Coverage

The lien guarantees the creditor the capital, the prosecution and the interest of three years at the time of the opening of the bankruptcy or the requisition of sale and those who have run since the last deadline.

2. How to proceed

In the absence of the debtor to fulfil its obligations, the creditor has the right to pay, by force of execution, on the sale price of the aircraft.

C. Legal Mortgages

I. Cases

A legal lien on a specified aircraft may be registered to ensure:

A.

Debts arising from the assistance or rescue of the aircraft;

B.

Accounts receivable arising from extraordinary expenses necessary to maintain the aircraft or to assert rights against third parties required for compensation in the event of sustainable forfeiture, damage, destruction or other loss of the aircraft.

II. Constitution and effects

1. Register in the Aircraft Register

The right of legal pledge shall be extinguished if the beneficiary, within three months after the birth of his right:

A.

Does not give the Federal Office civil aviation a recognition of the debt and pledge signed by the debtor and the owner or did not take action;

B.

Do not declare the security right for registration in the aircraft registry.

2. Rank

¹ Legal rights of pledge are privileged in relation to all the other real rights established up to the time when they are announced.

² Legal rights of pledge rank among themselves in the reverse order of the events that gave rise to them; they receive the same rank if they relate to claims arising from the same event.

3. Effects

¹ The legal pledge rights are governed by the provisions relating to the mortgage on aircraft.

² The holder of a legal pledge has no right of subsidiary pledge in the event of confiscation, damage, destruction or any other loss of the aircraft.

D. Exclusion of other security rights

A right of retention, pledge or legal pledge other than those provided for in this Act shall not be made on aircraft and spare parts.

I. In general

Forced enforcement of aircraft shall be carried out in accordance with the rules of enforced enforcement in respect of real property, except as otherwise provided in this Act or the Regulations of 2 September 1960 ¹ .

II. Jurisdiction

1. Swiss Aircraft

For the realization of the pledge made on a Swiss aircraft or spare parts, shall have jurisdiction the Office of Prosecutions of the place designated in the Register of Aircraft as the owner's domicile.

2. Foreign Aircraft

The Swiss Office of the Prosecution in the Arrondissement of which the aircraft or spare parts are located shall be competent for the continuation of the pledge made on a foreign aircraft or on spare parts of foreign undertakings.

III. Procedure

1. Pursuit, Entering, Administration

A. Payment Period

In the pursuit of a pledge, the time limit for payment to be fixed to the debtor is one month.

B. Administration

¹ In the pursuit of a pledge, the prosecution office is responsible for the administration of the pledge upon notification of the command to pay, unless the creditor waives it.

² The same rule applies after the aircraft has been seized.

³ The aircraft and spare parts may be placed in the custody of the authority or placed in the custody of a third party.

2. Realization

A. Request for completion

¹ The sale of the pledge may be required one month at the earliest and no later than one year after the seizure.

² In the pursuit of the pledge, the time limits begin to run as soon as the notification of the command to pay.

B. How to proceed

¹ The auction takes place in the course of the third month after the requisition for sale.

² The auction may be replaced by a willing seller, if requested by all interested parties.

C. Conditions of sale

¹ The conditions of the sale stay at least one month before the auction at the office of the prosecution, where everyone can read them.

² In particular, they should indicate:

A.

That the aircraft be awarded to the successful tenderer of all charges which are not preferable to the debt of the prosecutor;

B.

That the contract awardee must assume the expenses that are preferable to the debt of the prosecutor, with the exception of the mortgage debts paid first on the proceeds of the sale, in the absence of a contrary arrangement between the parties concerned, even if the debt Is not payable.

D. Recourse

¹ The acquisition of the property by the contract awardee can only be contested by means of a complaint seeking annulment of the invitation to tender.

² The appeal period is thirty days; for foreign aircraft, the longer time limits imposed by international agreements are reserved.

I. ..

II. Criminal provisions and criminal jurisdiction

1. Inventions

Every person who contravens the duty imposed by the Regulations of September 2, 1960 ² Of this Act to make a statement to the Federal Office of Civil Aviation,

Any person who, at the time of the registration of an aircraft or other annotations in the aircraft register, declares inaccurately to the Federal Office of Civil Aviation or ignores essential facts,

Any person who, improperly, renders unknowable, removes or displaces the entry on a reserve of mortgaged spare parts,

Is punishable by the fine.

2. ...

3. Administrative criminal law; competence

Federal Law of 22 March 1974 on Administrative Criminal Law ² Is applicable. The Federal Office for Civil Aviation is the administrative authority competent to prosecute and prosecute.

Entry into force

¹ The Federal Council shall fix the date of entry into force of this Law.

² He is responsible for execution.