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DECLARATIONS

LODGED BY THE REPUBLIC OF PARAGUAY 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), 53 and 54(2), deposited on 19 December 2018, will enter into force on 1 April 2019]

 

 

With respect to Article 39, paragraph 1(a):

 

All categories of non-consensual right or interest which under the Law of Paraguay have or come to have priority over an interest in an object equivalent to that of the holder of a registered international interest shall have priority over a registered international interest, whether within the scope of insolvency or not.

 

 

With respect to Article 39, paragraph 1(b):

 

Nothing in this Convention shall affect the right of the Republic of Paraguay or any of its entities, intergovernmental organization of which the Republic of Paraguay is a member State, or other private provider of public services in the Republic of Paraguay to arrest or detain an object under the laws of the State for payment of amount owed to any such entity, organization, or provider directly relating to those services in respect of that object or another object.

 

 

With respect to Article 39, paragraph 4:

 

A right or interest of a category covered by a declaration made under Article 39, sub-paragraph (a) of paragraph 1, shall have priority over an international interest registered prior to the date of the instrument of accession.

 

 

With respect to Article 53:

 

The Republic of Paraguay declares that all of the competent courts of the Republic of Paraguay, as determined in accordance with the laws and regulations of the Paraguayan Judicial System, are the relevant court(s) for the purposes of Article 1 and Chapter XII of this Convention.

 

 

With respect to Article 54, paragraph 2:

 

The Republic of Paraguay declares that all remedies available to the creditor under any provision of this Convention and the Protocol may be exercised only with the authorization of the Judiciary (Paraguayan legal system), with the exception of the remedy provided for in Article XIII of the Protocol, which may be exercised without judicial authorization.

 

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Declarations lodged by the Republic of Paraguay under the Aircraft Protocol

 

   

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