Study On The Exercise Of Aircraft Lien

It is said in practice that the aircraft lien can be exercised in accordance with the general provisions of commercial liens.The "non-causality" provision of the commercial lien implicated relationship has further created an inherent conflict of interest in the exercise of the aircraft lien.In addition,special rights attached to aircraft,such as aircraft priority,international interests,and aircraft lessor's right of retrieval,etc.that are stipulated at home and abroad,and aircraft liens appear on the aircraft at the same time as aircraft liens,will also result in aircraft lien Conflict of external interests in the exercise of power.Through the analysis of usage economics theory,it is concluded that to alleviate the conflict of interests in the exercise of aircraft liens,we should adhere to the value goal of fairness and efficiency balance,and use this as the value basis for solving the conflict of interests in the exercise of aircraft liens,so as to find a The path to resolve conflicts of interest in the exercise of aircraft liens.According to the performance and characteristics of internal conflicts of interest in the exercise of aircraft liens,on the basis of fairness and efficiency value balance,a solution path for internal conflicts of interest is proposed,which mainly includes additions to the legal drafting of aircraft implication relations and the application of the system of eliminating goodwill 2.Add notice as a mandatory procedure,and determine the method of exercise as a mandatory judicial auction,etc.However,aircraft liens are different from general liens.In practice,various special situations will be encountered.Increasing the aircraft lien holder 's emergency exercise rights and debtor 's alternative security rights will be more conducive to improving the effective exercise path of aircraft liens Resolve the inherent conflicts of interest that may be encountered in the exercise of aircraft liens.The resolution of inherent conflicts of interest in the exercise of an aircraft lien does not mean that the aircraft lien can be successfully exercised.Combining domestic and foreign laws and international conventions,research and further analyze aircraft priority,international interest registration system,and the coordinated exercise of the aircraft lessor's right of retrieval and aircraft lien will help resolve the conflict of external interests in the exercise of aircraft lien.