DECLARATIONS

LODGED BY THE DEMOCRATIC REPUBLIC OF THE CONGO UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION *

 

Article 39(1)(a)

 

The Democratic Republic of the Congo declares that the following categories of non-consensual right or interest have priority under its laws over an interest in an aircraft object equivalent to that of the holder of a registered international interest and shall have priority over a registered international interest, whether in or outside insolvency proceedings. These categories are the following:

 

(a) liens in favour of workers for unpaid wages arising since the time of a declared default under a contract to finance or lease the subject object;

 

(b) taxes, duties and other unpaid charges due to a State entity and its sub-divisions;

 

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

 

 

Article 39(1)(b)

 

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

 

 

Article 40

 

The Democratic Republic of the Congo declares that any non-consensual rights or interests arising from the arrest of the aircraft object in partial or full satisfaction of a legal judgment, shall be registrable under the Convention as if these rights or interests were international interests, and shall be regulated accordingly.

 

 

Article 53

 

The Democratic Republic of the Congo declares that the Congolese courts and tribunals are competent for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Article 54

 

The Democratic Republic of the Congo declares that the remedies available to the creditor under the Convention may be exercised without leave of the courts or tribunals unless the provisions of the Convention expressly requires the creditor to obtain such leave.

 

 

* The original version of these declarations was submitted in French. This official version of the declarations is a translation prepared by the UNIDROIT Secretariat.

ATTENTION
Reproduction of these texts is permitted for non-commercial or academic use. For any other use, requests for authorization to reproduce the texts are to be addressed to the UNIDROIT Secretariat at This email address is being protected from spambots. You need JavaScript enabled to view it. and the Director of the Bureau of Administration and Services of the International Civil Aviation Organization (ICAO) at This email address is being protected from spambots. You need JavaScript enabled to view it.

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