Pregledni rad
https://doi.org/10.31141/zrpfs.2021.58.142.1231
Settlement of a mortgage claim on high-value movables with special reference to the aircraft
Dean Vuleta
orcid.org/0000-0003-1143-5168
Sažetak
Settlement of a mortgage claim of a creditor on movables of great value is a complex and uncertain legal procedure. This claim is supported by the fact that different jurisdictions have different approaches to the classification of claims and the way they are settled. Such interested persons may be in doubt as to the legal status and priority in settling the mortgage claim on board the ship and the aircraft. The first part of the paper generally explains the different interpretation of the legal nature of liens and the different approach in settling claims in the Anglo-Saxon (common law) and continental legal systems. Then, the ways of settling the mortgage claim on the aircraft in comparative law are explained, ie the legal powers that the mortgage lender has on the aircraft. The intention of further research is a critical review of the legislative regulation of Croatian law that accompanies the settlement of a mortgage claim on an aircraft. The provisions on court settlement of claims on aircraft largely provide for analogy with the provisions on court settlement of claims on board, so the provisions of Article 175 of the Enforcement Act on Obligations and Real Property Relations in Air Transport refer to the appropriate application of Articles 867-988. enforcement part of the Maritime Code.However, the provisions on the powers of the mortgagee on the aircraft and the settlement of the mortgage claim on the aircraft, without judicial activity, are not sufficiently transparent and must be redefined and supplemented by appropriate solutions offered by comparative law and the Maritime Code of the Republic of Croatia.An analytical approach to the existing provisions proposes adequate amendments as a guide in better and more complete regulation of the mortgage claim settlement procedure on the aircraft.
Ključne riječi
high value movables; aircraft; comparative law; powers of the mortgage lender on the aircraft; adequate amendments to the law
Hrčak ID:
265082
URI
Datum izdavanja:
27.10.2021.
Posjeta: 2.096 *