unifoto-build06-bn

 

 

SUBSEQUENT DECLARATIONS
LODGED BY THE REPUBLIC OF KAZAKHSTAN UNDER THE CAPE TOWN CONVENTION
on 16 November 2012

 

 

On 16 November 2012, the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of subsequent declarations which, in accordance with Article 57(2) of the Convention, took effect on 1 June 2013.

See text of previous declarations withdrawn with effect on 1 June 2013.

 

Form No. 1 (Specific declaration under Article 39(1)(a)) 

The Republic of Kazakhstan declares that the following categories of non-consensual right or interest: 

 

a) liens in favor of employees for unpaid wages arising since the time of a declared default by an employer under a financing or lease contract; 

 

b) liens in favor of repairers of an object in their possession to the extent of services performed on and value added to that object, 

 

shall have priority under its legislation over an interest in an object equivalent to that of a holder of a registered international interest and shall have priority over a registered international interest, whether in or outside insolvency proceedings. 

 

 

Form No. 4 (General declaration under Article 39(1)(b))

 

The Republic of Kazakhstan declares that nothing in this Convention shall affect the right of the Republic of Kazakhstan or state entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under the laws of the Republic of Kazakhstan for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another object.

 

 

Form No. 5 (Declaration under Article 39(4))

 

The Republic of Kazakhstan declares that a right or interest of a category covered by the declaration made under Article 39 (1) (a) of the Convention shall have priority over an international interest registered prior to the date of the Protocol ratification. 

 

 

Form No. 6 (Declaration Article 40)

 

The Republic of Kazakhstan declares that the following categories of non-consensual right or interest:

 

c) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment, which entered into force; 

 

d) lines or other rights of a state entity relating to ensure payment of a tax debt or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39 (1) (a) of the Convention); and 

 

e) any other non-consensual right or interest which is not covered by the declaration under Article 39 (1) (a) of the Convention,

 

shall be registrable under the Convention as regards any category of objects as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Form No. 11 (Declaration under Article 53) 

 

The Republic of Kazakhstan declares that relevant courts for purposes of Article 1 and Chapter XII of the Convention shall be all courts of the Republic of Kazakhstan that have jurisdiction over the relevant dispute in accordance with the legislation of the Republic of Kazakhstan.

 

 

Form No. 13 (Mandatory declaration under Article 54(2))

 

The Republic of Kazakhstan declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without a court order, judgment or any other judicial act.

 

*

 

*          *

 

Declarations lodged by the Republic of Kazakhstan under the Aircraft Protocol  

 

 

news archive unidroit

 

 

By using unidroit.org you agree to our use of cookies to enhance your experience.     I understand   Know more