Cap. 503 Art. 26Types of charges on aircraft.
PART IV
(1) An aircraft may constitute security for a debt or other obligation either by agreement or by operation of the law as hereinafter provided.
(2) (a) Special privileges arise in virtue of law and no debt or other obligation other than those specified at law shall be secured by a special privilege.
(b) To the extent that a special privilege is subject to registration in the International Registry, such registration shall be an additional requirement for the continuing existence of such special privilege.
(3) Subject to the provisions of article 31 and the and notwithstanding the provisions of articles 566 to 584 of the Civil Code, engines and separate items on or in an aircraft may themselves be subject to special privileges in accordance with the provisions of the Civil Code, in security of the debts therein specified.
(4) For the purposes of article 573 of the Civil Code, where an engine has been attached to an airframe, which is not also owned by the airframe owner, each of the owners shall retain the ownership of their thing and the engine shall not accede to the airframe. Any security over the aircraft shall not extend to any engine attached to the airframe when such engine does not belong to the ow ner of the airfram e who has grant ed the security, notwithstanding that the engines may be specifically referred to in the instrument of mortgage, the Malta Aircraft Register or elsewhere.
Historique des modifications
- Amended by XXXVII.2021.17
Renvoie à
- Cap. 503 Art. 31
- Cap. 503 Art. 566
- Cap. 503 Art. 573