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Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

[Preamble]

Chapter I - Sphere of application and general provisions

Article I - Defined terms

Article II - Application of Convention as regards aircraft objects

Article III - Application of Convention to sales

Article IV - Sphere of application

Article V - Formalities, effects and registration of contracts of sale

Article VI - Representative capacities

Article VII - Description of aircraft objects

Article VIII - Choice of law

Chapter II - Default remedies, priorities and assignments

Article IX - Modification of default remedies provisions

Article X - Modification of provisions regarding relief pending final determination

Article XI - Remedies on insolvency

Article XII - Insolvency assistance

Article XIII - De-registration and export request authorisation

Article XIV - Modification of priority provisions

Article XV - Modification of assignment provisions

Article XVI - Debtor provisions

Chapter III - Registry provisions relating to international interests in aircraft objects

Article XVII - The Supervisory Authority and the Registrar

Article XVIII - First regulations

Article XIX - Designated entry points

Article XX - Additional modifications to Registry provisions

Chapter IV - Jurisdiction

Article XXI - Modification of jurisdiction provisions

Article XXII - Waivers of sovereign immunity

Chapter V - Relationship with other conventions

Article XXIII - Relationship with the Convention on the International Recognition of Rights in Aircraft

Article XXIV - Relationship with the Convention for the Unification of Certain Rules Relating to the Precautionary Attachment of Aircraft

Article XXV - Relationship with the UNIDROIT Convention on International Financial Leasing

Chapter VI - Final provisions

Article XXVI - Signature, ratification, acceptance, approval or accession

Article XXVII - Regional Economic Integration Organisations

Article XXVIII - Entry into force

Article XXIX - Territorial units

Article XXX - Declarations relating to certain provisions

Article XXXI - Declarations under the Convention

Article XXXII - Reservations and declarations

Article XXXIII - Subsequent declarations

Article XXXIV - Withdrawal of declarations

Article XXXV - Denunciations

Article XXXVI - Review Conferences, amendments and related matters

Article XXXVII - Depositary and its functions

[Post Provisions]

[Post Clauses (If any: Signed; Witnessed; Done; Authentic Texts; & Deposited Clauses)]

Annex - Form of Irrevocable De-Registration and Export Request Authorisation

Endnotes

Endnotes

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, UNIDROIT 2001

UNIDROIT

copy @ Lex Mercatoria

Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

Chapter II - Default remedies, priorities and assignments

Article X - Modification of provisions regarding relief pending final determination

1. This Article applies only where a Contracting State has made a declaration to that effect under Article XXX(2) and to the extent stated in such declaration.

2. For the purposes of Article 13(1) of the Convention, "speedy" in the context of obtaining relief means within such number of working days from the date of filing of the application for relief as is specified in a declaration made by the Contracting State in which the application is made.

3. Article 13(1) of the Convention applies with the following being added immediately after sub-paragraph (d):

"(e) if at any time the debtor and the creditor specifically agree, sale and application of proceeds therefrom", and Article 43(2) applies with the insertion after the words "Article 13(1)(d)" of the words "and (e)".

4. Ownership or any other interest of the debtor passing on a sale under the preceding paragraph is free from any other interest over which the creditor's international interest has priority under the provisions of Article 29 of the Convention.

5. The creditor and the debtor or any other interested person may agree in writing to exclude the application of Article 13(2) of the Convention.

6. With regard to the remedies in Article IX(1):

(a) they shall be made available by the registry authority and other administrative authorities, as applicable, in a Contracting State no later than five working days after the creditor notifies such authorities that the relief specified in Article IX(1) is granted or, in the case of relief granted by a foreign court, recognised by a court of that Contracting State, and that the creditor is entitled to procure those remedies in accordance with this Convention; and

(b) the applicable authorities shall expeditiously co-operate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.

7. Paragraphs 2 and 6 shall not affect any applicable aviation safety laws and regulations.


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