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

 

 

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

 

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

 

(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

 

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.

 

 

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

 

The Republic of Madagascar 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.

 

 

Form No. 6 (Declaration under Article 40)

 

The Republic of Madagascar 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.

 

 

Form No. 11 (Declaration under Article 53)

 

The Republic of Madagascar declares that the Malagasy courts and tribunals are competent for the purposes of Article 1 and Chapter XII of the Convention.

 

 

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

 

The Republic of Madagascar declares that the remedies available to the creditor under the Convention may be exercised without leave of the court or tribunal 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.

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Declarations lodged by the Republic of Madagascar under the Aircraft Protocol 

 

 

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