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Aircraft Operating Leasing: A Legal and Practical Analysis in the Context of Public and Private International Air Law 3rd ed


ISBN13: 9789403540306
Previous Edition ISBN: 9789041160508
Published: January 2022
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £115.00



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Aircraft Operating Leasing is the first comprehensive and practical guidance on description of lease law as applied to aircraft. Although aircraft leasing is comparatively young as a commercial activity – less than fifty years old in practical terms – already well over half of the world’s commercial aircraft fleet is leased. Bringing together the laws affecting both air travel and leasing can, however, be challenging. As a beneficial supplement that is set out as a real example of a form of aircraft operating lease for a used aircraft, this book aims to provide an original contribution to legal science by examining a typical lease transaction from the start of the deal through to execution of the documentation, discussing not only the specific issues that arise and their resolution, but the reasons underlying them.

In this third edition, considering the patterns that emerge in cases of divergence and the implications such divergence may have in particular for the fields of public and private international air law, the author flags the principal legal issues to be considered in developing a standard form of aircraft operating lease from different jurisdictions and current literature in the field:

  • the obligations and rights of each party
  • failure to meet delivery conditions before delivery
  • standby letters of credit and guarantees
  • regulatory constraints concerning aircraft registration or foreign remittances
  • manufacturer’s warranties
  • possession and replacement of parts and engines
  • sub-leasing
  • damage to the aircraft and other loss to lessor
  • liability for damage to third parties
  • safety issues and lessor’s liability for acts of the airline
  • the events that will entitle the lessor to terminate the contract and recover its asset
  • issues pertaining to enforcement of remedies, and
  • governing law

The format broadly follows that of a typical aircraft operating lease. The author flags the principal legal issues to be considered in developing a standard form aircraft operating lease and makes recommendations in that regard. His approach balances the desired commercial outcome with the legal, or more theoretical, mandate to apply the law to disputes that may arise.

This book is the first to assume this task in a significantly focused way, thus providing invaluable expert guidance to practitioners handling aircraft lease agreements and legal academics and students. As a detailed examination of each part of the lease with particular reference to the impact on each term of relevant case law, statutes, regulations and international treaties, this work greatly enhances understanding of the legal and practical aspects of the aircraft operating lease.

Subjects:
Air and Space Law
Contents:
Preface to the Third Edition
Preface to the Second Edition
Preface to the First Edition
List of Abbreviations
Acknowledgements
CHAPTER 1. Introduction
CHAPTER 2. Overview
CHAPTER 3. The Aircraft Operating Lease
CHAPTER 4. Conclusion

Annexes:
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
Annex 6
Annex 7
Annex 8
Annex 9
Annex 10
Annex 11
Annex 12
Supplement: Sample Aircraft Lease Agreement
Bibliography
Table of Cases
Table of International Conventions and Other Agreements
Table of Legislation and Regulations
Index

Series: Aerospace/Aviation Law and Policy

The Law of Unmanned Aircraft Systems 2nd ed (eBook) ISBN 9789403545837
Published August 2022
Kluwer Law International
£150.00
(ePub)
Buy
The Law of Unmanned Aircraft Systems 2nd ed ISBN 9789403545738
Published August 2022
Kluwer Law International
£154.00
Achieving the Single European Sky: Goals and Challenges ISBN 9789041137302
Published October 2011
Kluwer Law International
£154.00
£167.00
Aviation Safety through the Rule of Law: ICAO's Mechanisms and Practices ISBN 9789041131157
Published August 2009
Kluwer Law International
£145.00
Beyond Open Skies: A New Regime for International Aviation ISBN 9789041123893
Published May 2009
Kluwer Law International
£205.00
£154.00
International Civil Aviation Organization: An Introduction ISBN 9789041126221
Published March 2007
Kluwer Law International
Out of print
National Interest and International Aviation ISBN 9789041124555
Published September 2006
Kluwer Law International
£154.00