| In the aircraft management process, the legal dispute is inevitable. Legal disputes from multiple aircraft management analysis, the reason for the fundamental causes of many kinds of legal disputes lies in the particularity of aircraft management services, aircraft and aircraft of unknown trusteeship contract custody applicable law uncertainty. Compared with other services, aircraft management service itself has the particularity, the particularity in: 1 aircraft management body has limited ownership. In the aspect is the limitation of economic strength, the people showed the aircraft escrow operation qualification restrictions. Moreover, the nature of aircraft hosting relationship that forms the aircraft itself is currently hosting contract is not accurate qualitative. In practice, the aircraft hosting contract is divided into typical and atypical contract aircraft management hosting contract, the former is the owner of aircraft and aircraft on behalf of Guan Ren Signed, the latter is the aircraft leasing situation by the aircraft owner(aircraft lessor) aircraft, the lessee and the aircraft custodian signed. Different aircraft hosting contract based on aircraft ownership, aircraft and aircraft custodian lessee’s rights and obligations is not the traditional sense of the rights and obligations of the special. With hosting the aircraft itself, the rights and obligations of the aircraft owner and custodian of the aircraft with the professional attributes. But these are not legal disputes arising from all aircraft management reasons, the deeper reason of hosting the aircraft the legal dispute is the uncertainty of law at present. Only now, aircraft management regulation the general provisions of law besides "China Civil Aviation Law >, < chapter only general operation and flight rules in regulations, rules only adjust the aircraft all right, fly The relationship between man and machine escrow authority, for other legal disputes without hosting the aircraft involved in, unable to meet the current demand.The specific type of aircraft management controversy has focused on the following categories: 1 aircraft management within the contract of legal disputes, namely between the aircraft owner and custodian for aircraft perform aircraft hosting contract disputes, the dispute may lead to eradication and third party service providers.2. aircraft in management legal dispute aircraft trust relationship, which is the plane the custodian by owner entrust a foreign aircraft and third party service providers for the legal disputes arising from certain legal acts, such dispute may cause the debtor to claim custody aircraft, hinder the aircraft management smoothly.3. aircraft and the passengers management in legal disputes. A service is hosting the aircraft flight, flight service to passengers the passenger may be aircraft ownership is also may be the owner or custodian through the sale of aircraft seats or attract passenger voyage Customer. In this case, the administrative legal disputes between passengers and the aircraft owner and custodian may have aircraft in flight caused legal disputes.4. aircraft management. In our country, the aircraft itself and the aircraft are subject to administrative departments for supervision. Not airworthy or does not comply with the rules of the air flight and the civil aviation authority has the right to make administrative punishment of administrative punishment of the aircraft. It is likely that the aircraft can not fly or management investment aircraft custodian loss operation qualification, this will be the aircraft management to continue to perform indirect dispute brings the dispute.5. aircraft hosting. This type is not in dispute in the process when the aircraft management the legal disputes between the main body, but can be a right of hosting aircraft exercise through the exercise of power and may lead to hosting the aircraft can not achieve purpose, Is a kind of indirect controversy.According to the specific type of dispute, the plane management in dispute is mainly civil disputes. At present no special laws, can only choose the applicable law in general adjustment. For disputing parties subject, choose the appropriate procedural dispute resolution for fast, is of great significance in order to resolve the dispute. The real case the parties to the dispute, the plane management out of their own needs choose private consultation, which is management by the aircraft legal dispute with professional, privacy and semi closed decision characteristics, but also from the point of view of these characteristics, suitable for hosting the aircraft legal disputes should be solved can simultaneously satisfy the requirements of procedural dispute resolution in addition to selecting the appropriate procedure of dispute resolution, dispute about the use of substantive remedies will also affect its interests In hosting the aircraft dispute, can use the right relief including behavior as the subject of the right of relief, the money for the subject of right relief and to the claim of real right as the subject of the right of relief including aircraft mortgage, priority and lien is the main body of the real aircraft management dispute relief way except. In addition, in the case of aircraft financing lease by the Lessor the lessee to pay off the debts of voluntary replacement aircraft can better solve the dispute, not a try. And for the establishment of the mortgage right in the management aircraft above, also can test in plane residual value and the collateral value of the case, the mortgagor and mortgagee consent the current mortgage, in order to avoid the tedious middle pick new buyers program. Finally, after hosting the legal dispute entered the stage of the proceedings, one party of the property preservation of the management aircraft, the court can consider. Take similar ships slipknot charge of property preservation measures. The court through contact Civil Aviation Administration restrictions, the owner of the aircraft is management aircraft in rights registration book shall be separately set up right, also can reach the traditional property preservation, to achieve the effect of and in the process, fly machine ownership people can still use aircraft management to gain some income, increase the ability to repay their debts.But everything is just based on theoretical assumptions, for aircraft management the absence of legal regulation problem, the best solution is actually separate legislation or in the civil aviation legislation problem of aircraft management to be special chapter discusses. In a word, clear aircraft contract on the custody of property and aircraft ownership, aircraft trustee’s legal rights and duties and responsibilities, in order to hosting the aircraft of all kinds of legal disputes solving provide legal basis. Today, has more than 20 years has not been modified the civil aviation law is about to begin revision, the bill has surfaced, I hope the energy problem of aircraft management to be legislative supervision, to ensure the healthy development of the industry. |
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