النتائج (
العربية) 1:
[نسخ]نسخ!
As already pointed out in IV.2.2 above, neither the Convention nor theProtocol creates a new property law system. They establish a system inwhich creditors who finance a specifically designated kind of equipment areallowed to enjoy speedy and efficient default remedies against their debtors.However, Article XIV(3) of the Protocol states that rights and/or interestsestablished in an aircraft engine are not to be affected by its installation on orremoval from an airframe. The reference to rights in this context is made inorder to cover the rights established by the applicable national law. The onlymeans by which such rights or interests could be affected are those foreseenby the applicable national law of a Contracting State. By imposing anobligation onto Contracting States to respect that aircraft engines do notfollow the common principle of accession, one could say that the Conventioncreates new substantial law for those Contracting States with respect toaircraft engines. However, the only obligation imposed on Contracting Statesis to respect that the Convention does not apply the accession principle for itsown purposes. Hence, if the laws of a Contracting States comply with theConvention is not relevant, as the holder of an interest derives its protectionfrom the Convention, not from the applicable national law.
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