This book provides an extensive analytical examination of the Cape Town Convention and its Protocols. The Convention aims to facilitate asset-based financing and leasing of aircraft, railway and space objects by establishing a uniform legal regime for the creation and protection of security and related interests in these types of equipment. The book provides a detailed treatment of issues arising from the creation of security and other international interests under the Convention, from the need to ensure their priority among competing interests to the enforcement of remedies in the case of the debtor’s default or insolvency. Security interests in aircraft, railway and space objects are among the most frequently invoked mechanisms used to ensure repayment of the debt. It is their significance, effectiveness and frequency of use that explains this work’s focus and scope.
By:
Assistant Professor Sanam Saidova Imprint: Hart Publishing Country of Publication: United Kingdom Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 560g ISBN:9781782258216 ISBN 10: 1782258213 Pages: 280 Publication Date:28 June 2018 Audience:
College/higher education
,
Professional and scholarly
,
Primary
,
Undergraduate
Format:Hardback Publisher's Status: Active
1. The Cape Town Convention and the Concept of the International Interest I. Introduction II. The Concept of a Security Interest III. The Concept of the International Interest IV. The Legal Nature of International Interests: Proprietary or Contractual? 2. The Constitution of Security and other International Interests under the Convention and the Protocols I. Introduction II. The Effect of the Constitution of the International Interest III. The Autonomous Nature of the International Interest IV. The Formal Requirements 3. Registering an Interest in the International Registry I. Introduction II. Defining Features of the International Registry III. The Supervisory Authority and the Registrar IV. Objectives of the Registration and Registrable Interests 4. The Process of Registration I. Introduction II. Who Can Effect Registrations in the International Registry? III. Establishing an Account with the International Registry IV. Formal Requirements for Registration V. Validity and Time of Registration VI. Searches and Search Certificates VII. Discharge of Registration 5. Priority of Competing Security and other International Interests I. Introduction II. The General Rule: First-in-time, First-in-right III. The Possibility of a Purchase Money Security Interest IV. Exceptions to the General Rule of Priority V. Effects of Insolvency 6. Enforcement of Security Interests under the Convention and the Protocols I. Introduction II. Defining ‘Default’ III. The Requirement of Commercial Reasonableness: General Considerations IV. Default Remedies of the Secured Creditor V. Vesting of Object in Satisfaction; Redemption VI. Speedy Relief Pending Final Determination VII. Remedies Available under the Protocols
Sanam Saidova is Assistant Professor in Law at Nottingham University.