Rs 0.748.671 Convention Of 29 May 1933 For The Unification Of Certain Rules Relating To The Arrest Of The Aircraft

Original Language Title: RS 0.748.671 Convention du 29 mai 1933 pour l’unification de certaines règles relatives à la saisie conservatoire des aéronefs

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0.748.671 convention for the unification of certain rules relating to the arrest of aircraft concluded in Rome on May 29, 1933, and approved by the Federal Assembly on 26 October 1949 entry into force for the Switzerland on 27 February 1950 (State on March 7, 2006) his Majesty the King of Albania, the President of the German Reich, the President of the United States of America, the federal President of the Republic of Austria His Majesty the King of the Belgians, the President of the United States of Brazil, the President of the Republic of Chile, the President of the nationalist government of the Republic of China, the President of the Republic of Colombia, the President of the Republic of Cuba, his Majesty the King of Denmark and Iceland, the President of the Republic of Ecuador, the President of the Republic of El Salvador El the President of the Spanish Republic, the President of the Republic of Finland, the President of the French Republic, his Majesty the King of Great Britain, Ireland and the British territories beyond the seas, Emperor of India, the President of the Republic of Guatemala, the President of the Hellenic Republic, the President of the Republic of Honduras, His Highness Serenissima the Regent of the Kingdom of Hungary His Majesty the King of Italy, his Majesty the Emperor of Japan, the President of the Republic of Lithuania, the President of United States of Mexico, the President of the Republic of Nicaragua, his Majesty the King of Norway, her Majesty the Queen of the Netherlands, the President of the Republic of Poland, the President of the Republic of Portugal, his Majesty the King of Romania , the President of the Republic of Saint - Domingue, the captains Regents of the Serenissima Republic of San Marino, his Holiness the Supreme Pontiff, his Majesty the King of Sweden, the Swiss federal Council, the President of the Czechoslovak Republic, the President of the Republic of Turkey, the central Executive Committee of the Union of Soviet Socialists republics, the President of the United States of Venezuela, his Majesty the King of Yugoslavia , having recognized the usefulness of adopting certain uniform rules on arrest of aircraft, have appointed for this purpose their respective plenipotentiaries, which, duly authorized, have concluded and signed the following agreement: art. 1. the High Contracting Parties undertake to take the necessary steps to give effect to the rules established by the present Convention.

Art. 2 (1) within the meaning of this Convention we understand by sequester any act, regardless of its name, by which an aircraft is stopped, in a private interest, through agents of justice or of public administration, in favor of a creditor, or of the owner or the owner of a real right on the aircraft, unless grasping is able to rely on a judgment obtained previously in the ordinary procedure, or an equivalent performance.
(2) in case the competent law gives the creditor who holds the aircraft without the consent of the operator, a right of retention, the exercise of this right is, for the purposes of this Convention, treated as precautionary seizure and subject to the regime provided for by this Convention.

Art. 3 are exempt from attachment: a) aircraft assigned exclusively to a State service, including post, except trade; b) actually put aircraft in service on a regular line of public transport and the essential reserve aircraft; c) any aircraft assigned to transport people or property against compensation, when it is ready to go for such transportation except in the case where it is a debt for the trip he will do or a debt, born during the trip.

(2) the provisions of this article apply not to arrest carried out by the owner stripped of its aircraft by an unlawful act.

Art. 4. (1) where the seizure is not prohibited or when, in the event of seizure of the aircraft, the operator would not invokes, a bond sufficient prevents precautionary seizure and gives right to immediate release.
(2) the bond is sufficient if it covers the amount of the debt and costs and it is assigned exclusively to the payment of the creditor, or if it covers the value of the aircraft if it is less than the amount of the debt and costs.

Art. 5. in all cases, it will be held by a fast, and summary procedure on the request for provisional release.

Art. 6 (1) if it has been carried out the seizure of an elusive aircraft according to the provisions of this Convention, or if the debtor had to give security to stop the seizure or to obtain release, grasping is responsible, under the law of the place of the proceedings, of the damage resulting for the operator or owner.
(2) the same applies in the event of arrest without just cause.

Art. 7. the present Convention applies measures interim bankruptcy, nor to measures carried out in the event of violation of the customs rules, criminal or police.

Art. 8. the present Convention is not opposed to the application of international agreements between the High Contracting Parties which provide for a broader exemption.

Art. 9. (1) this Convention shall apply in the territory of each of the High Contracting Parties to all aircraft registered in the territory of an another High Contracting Party.
(2) the term "territory of a high contracting party" includes any territory subject to the sovereign power, to overlordship, the protectorate, mandate or authority of that high contracting party for which this last is part to the Convention.

Art. 10. the present Convention is drawn up in french in a single copy which will remain deposited in the archives of the Department of business foreign of the Kingdom of Italy, and of which a certified copy shall be communicated by the care of the Government of the Kingdom of Italy to each of the Governments concerned.

Art. 11. (1) this Convention will be ratified. The instruments of ratification will be deposited in the archives of the Department of business foreign of the Kingdom of Italy, which in will notify the deposit to each of the Governments concerned.
(2) as soon as the deposit of five ratifications has been completed, the Convention will enter into force, between the High Contracting Parties who have ratified it, ninety days after the deposit of the fifth ratification. Every ratification which the deposit will be made at a later date will be effective 90 days after the deposit.
(3) it is up to the Government of the Kingdom of Italy to notify the date of the entry into force of this Convention to each of the Governments concerned.

Art. 12 (1) this Convention, after its entry into force, be open for accession.
(2) membership will be made by a notification addressed to the Government of the Kingdom of Italy, who will share to each of the Governments concerned.
(3) membership will be effective 90 days after the notification to the Government of the Kingdom of Italy.

Art. 13 (1) of each High Contracting Parties may denounce the present Convention by a notification addressed to the Government of the Kingdom of Italy, which will immediately notify each of the Governments concerned.
(2) the information will be effective six months after the notification of denunciation and only with respect to the part that there will be carried out.

Art. 14 (1) the High Contracting Parties may, at the time of the deposit of ratifications, or accession, declare that the acceptance they give to this Convention does not apply to the whole or any part of their colonies, protectorates, overseas territories or territories under mandate or any other territory subject to their sovereignty, suzerainty or authority.
(2) the High Contracting Parties may subsequently notify the Government of the Kingdom of Italy, they intend to make this agreement applicable to the whole or any part of their colonies, protectorates, overseas territories, territories under mandate, or any other territory subject to their sovereignty, authority, or overlordship excluded from their original declaration.
(3) they can at any time notify the Government of the Kingdom of Italy, they intend to end the application of the present Convention to all or any part of their colonies, protectorates, overseas territories, territories under mandate, or any other territory subject to their sovereignty, authority, or suze-sovereignty.
(4) the Government of the Kingdom of Italy shall notify to each of the Governments concerned the notifications made in accordance with the preceding two paragraphs.

Art. 15 scope on October 5, 2005 each of High Contracting Parties shall, at the earliest two years after the coming into force of this Convention, to bring the meeting to a new international conference in search of improvements that could be made to this Convention. He will go for this purpose to the Government of the French Republic, which will take the necessary steps to prepare for this conference.
This Convention, made on May 29, 1933, in Rome, will remain open for signature until January first, 1934.

In faith whereof, the Plenipotentiaries have signed this Convention.
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Scope of application on October 5, 2005, States parties Ratification, accession (A) entry into force Algeria 23 July 1964 was October 21, 1964 Germany 22 February 1935 January 12, 1937 Angola March 17, 1998 June 15, 1998 Argentina July 24, 1985 was October 22, 1985 Belgium October 14, 1936 January 12, 1937 Brazil August 19, 1938 November 17, 1938 Congo (Kinshasa) 9 August 1962 November 7, 1962 Ivory Coast 23 August 1965 was November 21, 1965 Denmark 31 January

1939 may 1, 1939 Egypt June 7, 1971 was September 5, 1971 Spain 28 June 1934 January 12, 1937 Finland 30 October 1953 A January 28, 1954 Guatemala July 6, 1939 4 October 1939 Haiti January 19, 1961 has 19 April 1961 Hungary may 15, 1937 August 13, 1937 Italy 29 September 1936 January 12, 1937 Lebanon 16 May 1996 has 13 August 1996 Mali 20 December 1961 has 20 March 1962 Mauritania 4 August 1962 November 2, 1962

October 9, 1964 Niger has 7 January 1965 Norway 22 June 1939 20 September 1939 Netherlands January 28, 1938 April 28, 1938 Poland August 31, 1937 November 29, 1937 Central African Republic June 10, 1969 was September 8, 1969 Romania 23 March 1935 12 January 1937 Rwanda 1 December 1964 A 1 March 1965 Senegal September 1, 1964 1 December 1964 Sweden January 31, 1939 has 1 May 1939 Switzerland December 15, 1949 March 15, 1950 Togo July 3, 1980 At 1 October 1980 Tunisia 5 May 1966 was August 3, 1966 or 1949 II 1756; FF 1949 I 613 RO 1949 II 1755 State 11. July 2006

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