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Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 865BWarrant’s effects.

Sub-title IV A

En vigueurTexte officiel

(1) The warrant of arrest shall have the effect to seize the aircraft from the debtor and also to attach the same in the hands of the authority where the property is, and also to order that the said authority shall not release such aircraft or allow the debtor to divest himself in any way from the same in whole or in part or to give or surrender to any person any rights on the same.

(2) The warrant is executed for all effects of the law when notice is served on the executive officer of the authority which has the aircraft in its hands or under its power or control.

(3) A copy of the warrant of arrest shall also be served on the person whose aircraft is arrested or the aircraft commander or other person in charge of the aircraft or the agent of such aircraft.

(4) Notwithstanding the provisions of sub-article (1), where aircraft engines are not owned by the owner of the aircraft, the effect of the warrant of arrest applies to the engine only to the extent that the application for the warrant of arrest expressly states that the warrant is also intended to operate in relation to the engine and in all other cases it shall be presumed that if the engines are not owned by the owner of the aircraft, the warrant is not intended to extend to the engines and the Authority for Transport or the Court shall act on such presumption if petitioned by the owner of the engines who also provides satisfactory evidence of his title to the engines.

In this sub-article the term "owner" of an engine shall include any mortgagee or holder of any international interest or other security interest over the engine.

Historique des modifications
  • Amended by LII.2016.33