Original scientific paper
https://doi.org/10.31141/zrpfs.2024.61.152.193
Real legal relations in regards to aircraft with special reference to lien – de lege lata and de lege ferenda
Dean Vuleta
Abstract
Analysis of the provisions of the third part of the Act on Obligatory and Real Legal Relations in
Air Traffic on real legal relations with respect to aircraft, in particular the provisions of Articles 140-
166. Chapter II on the lien on the aircraft, has led to the realization that additional regulation of the
institute of lien law is necessary. Certain ambiguities and obscurities are visible in the provisions of
individual articles. So, the proposals for additions and amendments are primarily focused on formal
legal expression that would eliminate the observed insufficiencies. Regarding the voluntary lien
(mortgage) established by the provisions of Art. 146-152, in order to establish a more complete and
efficient legal relationship between the mortgage creditor and the debtor, the proposed amendments
and amendments give the parties to the mortgage contract wider powers than they have under the
currently valid provisions. In part of the provisions of Art. 157-166. on the legal right of lien, the
proposals for additions and amendments are aimed at establishing a complete and clear classification
of legal lien claims on the aircraft, and at resolving some legal incertitudes. In part of the provisions
of Articles that lose their legal meaning under new circumstances are deleted by the legal regulations
established in this way. Amendments and changes to the provisions of Chapter II of the Act on
Obligatory and Real Legal Relations in Air Traffic on liens on aircraft need to be carried out on
the basis of the provisions of comparative law with regard to aircraft and the adequate and fully
established provisions of the Maritime Code on liens on ships, because the ship and aircraft are
globally connected by similar property law characteristics and real law legislative regulation.
Keywords
aircraft; lien on the aircraft; spare aircraft engines; Law on Obligatory and Real Legal Relations in Air Traffic; Maritime Code
Hrčak ID:
319121
URI
Publication date:
11.7.2024.
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