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Treaty Series. 291 at ROME, MAY 29TH, 1933

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Treaty Series. 291 at ROME, MAY 29TH, 1933 1938 League of Nations - Treaty Series. 291 1 TRADUCTION. TRANSLATION. No. 4479. - CONVENTION 2 FOR THE UNIFICATION OF CERTAIN RULES RELATING TO THE PRECAUTIONARY ATTACHMENT OF AIRCRAFT. SIGNED AT ROME, MAY 29TH, 1933. French official text communicated by the Netherlands Miister for Foreign Affairs. The registration of this Convention took place November I9th, 1938. His MAJESTY THE KING OF ALBANIA, THE PRESIDENT OF THE GERMAN REICH, THE PRESIDENT OF THE UNITED STATES OF AMERICA, THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, His MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE UNITED STATES OF BRAZIL, THE PRESIDENT OF THE REPUBLIC OF CHILE, THE PRESIDENT OF THE NATIONALIST GOVERNMENT OF THE REPUBLIC OF CHINA, THE PRESIDENT OF THE REPUBLIC OF COLOMBIA, THE PRESIDENT OF THE REPUBLIC OF CUBA, His MAJESTY THE KING OF DENMARK AND ICELAND, THE PRESIDENT OF THE REPUBLIC OF ECUADOR, THE PRESIDENT OF THE REPUBLIC OF EL SALVADOR, THE PRESIDENT OF THE SPANISH REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF FINLAND, THE PRESIDENT OF THE FRENCH REPUBLIC, His MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE BRITISH TERRITORIES BEYOND THE SEAS, EMPEROR OF INDIA, THE PRESIDENT OF THE REPUBLIC OF GUATE- MALA, THE PRESIDENT OF THE HELLENIC REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF HONDURAS, HIS MOST SERENE HIGHNESS THE REGENT OF THE KINGDOM OF HUNGARY, HIS MAJESTY THE KING OF ITALY, HIS MAJESTY THE EMPEROR OF JAPAN, THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, THE PRESIDENT OF THE UNITED STATES OF MEXICO, THE PRESIDENT OF THE REPUBLIC OF NICARAGUA, His MAJESTY THE KING OF NORWAY, HER MAJESTY THE QUEEN OF THE NETHER- LANDS, THE PRESIDENT OF THE REPUBLIC OF POLAND, THE PRESIDENT OF THE REPUBLIC OF PORTUGAL, HIS MAJESTY THE KING OF ROUMANIA, THE PRESIDENT OF THE DOMINICAN REPUBLIC, THE CAPTAINS REGENT OF THE MOST SERENE REPUBLIC OF SAN MARINO, HIS HOLINESS THE SOVEREIGN PONTIFF, HIS MAJESTY THE KING OF SWEDEN, THE SWISS FEDERAL COUNCIL, THE 1 Traduction du Gouvernement des Etats-Unis ' Translation of the Government of the d'Am6rique. United States of America. 2 Ratifications deposited in Rome : SPAIN ....... ................... June 28th, 1934. The ratification by the Spanish Government of the present Convention applies also to the Spanish Zone of the Protectorate of Morocco. The Spanish colonies are excluded. GERMANY ....... ................. February 22nd, 1935. ROUMANIA ...... .................. March 23rd, 1935. ITALY (including the Italian Colonies and Pos- sessions) ...... ................. September 29th, 1936. BELGIUM (including the Colony of the Belgian Congo and the Mandated Territories of Ruanda-Urundi) ............. October x4 th, 1936. HUNGARY ....... ................. May 15th, 1937. POLAND ....... .................. August 3iSt, 1937. THE NETHERLANDS (for the Kingdom in Europe) January 28th, 1938. BRAZIL ....... ................... August 19th, 1938. Came into force January i2th, 1937. 292 Socie't des Nations - Recuei des Traites. 1938 TCHtCOSLOVAQUE, LE PRESIDENT DE LA RPUBLIQUE DE TURQUIE, LE COMITt CENTRAL EXECUTIF DE L'UNION DES R9PUBLIQUES SOVIItTIQUES SOCIALISTES, LE PRtSIDENT DES ETATS-UNIS DU VENEZUELA, SA MAJESTE LE ROI DE YOUGOSLAVIE, Ayant reconnu l'utilit6 d'adopter certaines r~gles uniformes en mati~re de saisie conservatoire des a~ronefs, Ont nomm6 A cet effet leurs pl6nipotentiaires respectifs, Lesquels, dament autoris~s, ont conclu et sign6 la convention suivante: Article premier. Les Hautes Parties contractantes s'engagent h prendre les mesures n~cessaires pour donner effet aux r~gles 6tablies par la pr~sente convention. Article 2. (i) Au sens de la pr~sente convention on comprend par saisie conservatoire tout acte, quel que soit son nom, par lequel un a~ronef est arrft6, dans un int~rt priv6, par 1'entremise des agents de la justice ou de l'administration publique, au profit soit d'un cr6ancier, soit du propri6taire ou du titulaire d'un droit r~el grevant l'a6ronef, sans que le saisissant puisse invoquer un jugement ex~cutoire, obtenu pr~alablement dans la procedure ordinaire, ou un titre d'excution 6quivalent. (2) Au cas oii la loi comp~tente accorde au cr~ancier, qui d6tient l'a~ronef sans le consentement de l'exploitant, un droit de r6tention, l'exercice de ce droit est, aux fins de la pr~sente convention, assimil6 L la saisie conservatoire et soumis au r~gime pr~vu par la pr6sente convention. Article 3. (i) Sont exempts de saisie conservatoire : a) Les a~ronefs affect~s exclusivement h un service d'Etat, poste comprise, commerce except6; P) Les a~ronefs mis effectivement en service sur une ligne r6guli6re de transports publics et les a~ronefs de r6serve indispensables ; c) Tout autre a6ronef affect6 A des transports de personnes ou de biens contre r6mun~ration, lorsqu'il est pr~t h partir pour un tel transport, except6 dans le cas o il s'agit d'une dette contract~e pour le voyage qu'il va faire ou d'une cr6ance n6e au cours du voyage. (2) Les dispositions du present article ne s'appliquent pas . la saisie conservatoire exerc~e par le propri~taire d~poss~d6 de son a6ronef par un acte illicite. Article 4. (i) Dans le cas oil la saisie n'est pas interdite ou lorsque, en cas d'insaisissabilit6 de l'a6ronef, l'exploitant ne l'invoque pas, un cautionnement suffisant emp~che la saisie conservatoire et donne droit A la mainlev~e immediate. (2) Le cautionnement est suffisant s'il couvre le montant de la dette et les frais et s'il est affect6 exclusivement au paiement du cr~ancier, ou s'il couvre la valeur de l'a6ronef si celle-ci est inf~ieure au montant de la dette et des frais. Article 5. Dans tous les cas, il sera statu6, par une procedure sommaire et rapide, sur la demande en mainlev~e de la saisie conservatoire. No 447) 1938 League of Nations - Treaty Series. 293 PRESIDENT OF THE CZECHOSLOVAK REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF TURKEY, THE CENTRAL EXECUTIVE COMMITTEE OF THE UNION OF SOVIET SOCIALIST REPUBLICS, THE PRESIDENT OF THE UNITED STATES OF VENEZUELA, HIS MAJESTY THE KING OF YUGOSLAVIA, Having recognized the advantage of adopting certain uniform rules concerning the precautionary attachment of aircraft, Have to this end named their respective Plenipotentiaries, Who, being thereto duly authorized, have concluded and signed the following Convention: Article i. The High Contracting Parties agree to take the necessary measures to put into force the rules established by the present Convention. Article 2. (i) By precautionary attachment within the meaning of the present Convention shall be understood any act, whatever it may be called, whereby an aircraft is seized, in a private interest, through the medium of agents of justice or of the public administration, for the benefit either of a creditor, or of the owner, or of the holder of a lien on the aircraft, where the attaching claimant cannot invoke a judgment and execution, obtained beforehand in the ordinary course of procedure, or an equivalent right of execution. (2) In case the applicable law gives the creditor who holds the aircraft without the consent of the operator the right of detention, the exercise of this right shall, for the purposes of the present Convention, be the same as precautionary attachment and be governed by the r6gime contemplated in the present Convention. Article 3. (i) The following aircraft shall be exempt from precautionary attachment (a) Aircraft assigned exclusively to a Government service, the postal service included, commerce excepted ; (b) Aircraft actually put in service on a regular line of public transportation and indispensable reserve aircraft ; (c) Any other aircraft assigned to transportation of persons or property for hire, when it is ready to depart for such transportation, except in a case involving a debt contracted for the trip which it is about to make or a claim arising in the course of the trip. (2) The provisions of the present Article shall not apply to a precautionary attachment made by the owner of an aircraft who has been dispossessed of the same by an unlawful act. Articla 4. (I) In case attachment is not prohibited or in case the aircraft is exempt from attachment and the operator does not invoke such exemption, an adequate bond shall prevent the precautionary attachment or give a right to immediate release. (2) The bond shall be adequate if it covers the amount of the debt and the costs and is assigned exclusively to payment of the creditor, or if it covers the value of the aircraft in case this is less than the amount of the debt and costs. Article 5. In every case a judgment shall be rendered on a suit for release of the precautionary attachment in a summary and rapid procedure. No. 4479 294 Socidte des Nations - Recuei des Traits. 1938 Article 6. (i) S'il a 6t6 proc~d6 h la saisie d'un a~ronef insaisissable d'apr~s les dispositions de la pr~sente convention, ou si le d6biteur a dfi fournir un cautionnement pour en emp~cher la saisie ou pour en obtenir mainlev~e, le saisissant est responsable, suivant la loi du lieu de la proc6dure, du dommage en r~sultant pour l'exploitant ou le propri~taire. (2) La m~me r~gle s'applique en cas de saisie conservatoire op6r6e sans juste cause. Article 7. La pr~sente convention ne s'applique ni aux mesures conservatoires en mati6re de faillite, ni aux mesures conservatoires effectu~es en cas d'infraction aux r~gles de douane, p6nales ou de police. Article 8. La pr~sente convention ne s'oppose pas h l'application des conventions internationales entre les Hautes Parties contractantes qui pr~voient une insaisissabilit6 plus 6tendue. Article 9. (i) La pr6sente convention s'applique sur le territoire de chacune des Hautes Parties contrac- tantes A tout a~ronef immatricul6 dans le territoire d'une autre Haute Partie contractante.
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