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Speedy relief?: The default remedies as set out in the Cape Town Convention and the Aircraft Protocol

Posted on:2009-02-26Degree:LL.MType:Thesis
University:McGill University (Canada)Candidate:Devinsky, PeterFull Text:PDF
GTID:2446390005453493Subject:Law
Abstract/Summary:
The ability of creditors to establish and enforce claims against a debtor is crucial for the financing of highly valuable moveable assets. The new unified legal framework of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment attempts to introduce a legally certain, truly effective, and speedy enforcement system that can assure and encourage the financiers to invest in Aircraft objects. This thesis assesses the default remedies available upon a debtor's default as set out in these legal instruments and the possible problems that the creditors might be confronted with should the Cape Town Convention and the Aircraft Protocol not be implemented in the way the drafters envisaged. It also provides an overview of the above mentioned Convention and the Protocol , as well an overview of the evolution of legal regulation in aircraft financing by examining the most important previous legal instrument - the Geneva Convention on Recognition of Rights in Aircraft.
Keywords/Search Tags:Convention, Aircraft, Default, Protocol, Legal
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