On The Cape Town Convention On The Law Applicable To The Aircraft System Conflict And Harmonization Of Domestic Transactions

With the development of the aviation industry and finance industry, the aircraft finance lease transactions around the world has become so common that the aircraft itself has the characteristics of the cross-regional move across borders, often make the place of property principle of traditional conflict rules cannot be adapted to the adjustment of aircraft finance lease transactions. In order to improve the predictability of trade, the international society in the 20th century has reached a consensus in the international uniform rules to adjust aircraft finance lease transactions. The convention on international interests in mobile equipment (hereinafter referred to as the Cape Town convention) system is in this background, the convention system mainly involves the mobile devices, including aircraft finance lease on various aspects of the problem, for advanced aircraft finance lease trade legislation provides a template.At present the Cape Town convention and the aircraft special problem protocol has effect to our country, enhances our country parties to an international predictability of aircraft financing lease transactions, also a certain degree of play for both parties to reduce cost and risk. However, due to our country, when it joined the aircraft special problem protocol to make the statement does not apply to domestic trade, which makes our country domestic aircraft finance lease transactions are not included in Cape Town system adjustment, is still faced with the plight of domestic financing lease law system is not perfect.This article is divided into four chapters. The first chapter is an overview of the Cape Town convention system. The objective background of Cape Town convention, making process, the principle of objective, analysis the value of the convention; Umbrella in Cape Town convention contracting system were analyzed, and clear the relationship between the Cape Town convention and the protocol of aircraft. Second, the core of the protocol to the convention and aircraft system are studied, including:the interests of the international registration, the sequence of the public, relief from three aspects. The second chapter is to our country on the statement of aircraft finance lease transactions and impact analysis, firstly discusses our country to the Cape Town convention and the protocol of aircraft "does not apply to domestic trading statement" the specific circumstances, secondly analyses the statement the disadvantages of financing lease transactions of domestic flying machines. The third chapter in the second chapter, on the basis of bridging with the legal system of our country, and is suitable for the domestic trade two aspects, demonstrates the necessity of the Cape Town convention and the protocol on the aircraft in the domestic application of the feasibility and necessity. Finally, focusing on removal of Cape Town in China "is not suitable for our country trade" statement, bring to our country’s domestic aircraft finance lease of conflict of laws, analyses in aircraft finance lease rights registration, the sequence of the public, relief on the legal system of the three, coping strategies of conflict of laws.