Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 503 · cap/503 (Cap. 503)

Cap. 503 Art. 43Possessory lien or privilege. Cap. 12.

PART V

In KraftAmtlicher Text

(1) Any aircraft repairer, aircraft manufacturer or other creditor into whose care and authority an aircraft has been placed for the execution of works or other purposes shall have a possessory lien on the aircraft as security for the works done to the extent of the service performed on and value added to the aircraft.

(2) A possessory lien shall entitle the creditor to retain possession on the aircraft on which he has worked or carried out activity until such creditor is paid the debts due to him for such building, repairs or activity.

(3) A possessory lien shall be extinguished by the voluntary release of the aircraft from the custody of the creditor.

(4) A possessory lien shall not be extinguished if the aircraft is released pursuant to a court order or following a judicial sale of the aircraft. In the latter case the creditor shall enjoy the priority specified in article 44(1) over the proceeds of sale of the aircraft.

(5) The creditor shall be obliged to release the aircraft if he is paid the sum claimed, or adequate security is deposited in the Civil Court, First Hall, under the provisions of the Code of Organization and Civil Procedure:

Provided that the creditor shall enjoy the same priority over such sum or security.

(6) For the purposes of this article, the creditor upon a demand by judicial letter served upon him by any person interested in the aircraft, shall be obliged to declare the amount of his claim by judicial act to be filed within a period of two days from the date of notification to him of the aforesaid demand failing which he shall be obliged to release the aircraft forthwith.