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DECLARATIONS
LODGED BY THE REPUBLIC OF SAN MARINO UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

 

 

[The declarations under Articles 39(1)(a), 39(1)(b), 39(4), 40, 53 and 54(2), deposited on 9 September 2014, entered into force on 1 January 2015]

 

 

Declaration under Article 39(1)(a) 

 

Pursuant Article 39(1)(a) of the Convention, the Republic of San Marino declares that the following categories of non-consensual right or interest:

               

          (a) all the privileges provided by Article 17 of the San Marino Mortgage Law and subsequent amendments

 

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

 

 

Declarations under Article 39(1)(b) 

 

Pursuant Article 39(1)(b) of the Convention, the Republic of San Marino declares that nothing in this Convention shall affect the right of the Republic of San Marino or any its entities, intergovernmental organization of which the Republic of San Marino is a member State, or other private provider of public services in the Republic of San Marino to arrest or detain an object under the laws of the State for payment of amounts owed to any such entity, organization, or provider directly relating to those services in respect of that object. 

 

 

Declarations under Article 39(4) 

 

Pursuant Article 39(4) of the Convention, the Republic of San Marino declares that all the categories of non-consensual right or interest covered by the declaration lodged pursuant Article 39(1)(a) of the Convention shall have priority over a security interest registered prior to the date of its deposit of its instrument of accession. 

 

 

Declarations under Article 40 

 

Pursuant Article 40 of the Convention, the Republic of San Marino declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement; and

 

(b) liens in favour of repairers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object

 

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

 

 

Declaration under Article 53 

 

Pursuant Article 53 of the Convention, the Republic of San Marino declares that the Single Court of the Republic of San Marino is the relevant court for the purposes of Article 1 and Chapter XII of the Convention. 

 

 

Declaration under Article 54(2) 

 

Pursuant Article 54(2) of the Convention, the Republic of San Marino declares that all 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 leave of the court or other court action.

 

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Declarations lodged by the Republic of San Marino under the Aircraft Protocol

 

 

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