Aircraft Equipment Financial Leasing Legal System Connection Of Tracks Of The Cape Town Convention

With the deepening of economic globalization, current economic and tradebetween countries is growing. Sharp increase of passengers and cargoes flow, theneed for aircraft equipments increase rapidly because of the need for the air transportindustry. But aircraft equipments as international transport cost highly, the mostairline companies cannot buy the aircraft equipments by self capital.Theninternational aircraft equipment financial leasing arise, it become the most effectivemeans for the airline companies to obtain aircraft equipments.In2001at South Africa Cape Town, The Convention on International Interests inMobile Equipment and the Protocol to the Convention on International Interests inMobile Equipment on Matters Specific to Aircraft Equipment is ratified, collectivelyas the Cape Town Convention is the newest convention on aircraft equipmentfinancial leasing field, which is playing a important role on promoting and improvingaircraft equipment financial leasing legal system.This paper emphasis on the "Cape Town Convention" relevant system innovation,mainly about remedies for breach of contract,the structure of the convention mode.In2009, the Cape Town Convention enter into force in our country. Taking its specificlegal provisions as the breakthrough point into consideration, trying to discuss theimplementation of the"Cape Town Convention"and the difference with The GuaranteeLaw during the implementation and resolution to the difference.This paper consists of four chapters,apart from introduction and conclusion.Chapter one is a overview of the Cape Town Convention. Firstly, the author introduces aircraft equipment financial leasing’s concept、 characteristics、 legalrelations,the domestic aviation leasing market’s prospects for development.Secondly，the author introduces the Cape Town Convention formed and its relationship betweenother convention.Chapter two introduces the difference between the Cape Town Convention andthe domestic legal provisions.Firstly,the author introduces the Cape Town’s specificsystem.Secondly,the author introduces laws and regulations about aircraft equipmentfinancial leasing.At last,the author analyzes the difference between the Cape TwonConvention and law.Chapter three analyzes the status of the Cape Town Convention inChina.Firstly,we argue whether convention is effective in our country,After theconvention is effective,we analyzes the application of convention.At last, we have theconclusion that convention is direct application in our country.Chapter Four carries on chapter two,after chapter two raises the differencebetween the Cape Town Convention and law,the key point of this chapter is solvingthe problem.In addition,on the basis of chapter one’s facts and data,we suggest thelegislature amend the law and regulation on the aircraft equipment financial leasing toimprove debtor and creditor protection system to make no discrimination betweendomestic and foreign country to improve domestic airline companies’ strength.In this part,we have the conclusion on the basis of above thesis.In the near future,china-made large aircraft come into use in domestic service,large number of aircraftequipment financial leasing companies take part in the"big cake", we must acceleratethe pace of legislation to protect aircraft equipment financing lease the lessor,aircraftequipment financing lease the lessee, aircraft equipment the sellers’ legal interest.