GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 The assets, documents, data bases and archives of the International Registry shall be inviolable and immune from seizure or other legal or administrative process.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 For the purposes of any claim against the Registrar under Article 28(1) or Article 44, the claimant shall be entitled to access to such information and documents as are necessary to enable the claimant to pursue its claim.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 The Supervisory Authority may waive the inviolability and immunity conferred by paragraph 4.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 The Registrar shall be liable for compensatory damages for loss suffered by a person directly resulting from an error or omission of the Registrar and its officers and employees or from a malfunction of the international registration system except where the malfunction is caused by an event of an inevitable and irresistible nature, which could not be prevented by using the best practices in current use in the field of electronic registry design and operation, including those related to back-up and systems security and networking.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The Registrar shall not be liable under the preceding paragraph for factual inaccuracy of registration information received by the Registrar or transmitted by the Registrar in the form in which it received that information nor for acts or circumstances for which the Registrar and its officers and employees are not responsible and arising prior to receipt of registration information at the International Registry.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Compensation under paragraph 1 may be reduced to the extent that the person who suffered the damage caused or contributed to that damage.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 The Registrar shall procure insurance or a financial guarantee covering the liability referred to in this Article to the extent determined by the Supervisory Authority, in accordance with the Protocol.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 A registered interest has priority over any other interest subsequently registered and over an unregistered interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The priority of the first-mentioned interest under the preceding paragraph applies: (a) even if the first-mentioned interest was acquired or registered with actual knowledge of the other interest; and (b) even as regards value given by the holder of the first-mentioned interest with such knowledge.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) even if the first-mentioned interest was acquired or registered with actual knowledge of the other interest; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) even as regards value given by the holder of the first-mentioned interest with such knowledge.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 The buyer of an object acquires its interest in it: (a) subject to an interest registered at the time of its acquisition of that interest; and (b) free from an unregistered interest even if it has actual knowledge of such an interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) subject to an interest registered at the time of its acquisition of that interest; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) free from an unregistered interest even if it has actual knowledge of such an interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 The conditional buyer or lessee acquires its interest in or right over that object: (a) subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and (b) free from an interest not so registered at that time even if it has actual knowledge of that interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) free from an interest not so registered at that time even if it has actual knowledge of that interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 The priority of competing interests or rights under this Article may be varied by agreement between the holders of those interests, but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 Any priority given by this Article to an interest in an object extends to proceeds.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 7
7 This Convention: (a) does not affect the rights of a person in an item, other than an object, held prior to its installation on an object if under the applicable law those rights continue to exist after the installation; and (b) does not prevent the creation of rights in an item, other than an object, which has previously been installed on an object where under the applicable law those rights are created.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) does not affect the rights of a person in an item, other than an object, held prior to its installation on an object if under the applicable law those rights continue to exist after the installation; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) does not prevent the creation of rights in an item, other than an object, which has previously been installed on an object where under the applicable law those rights are created.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 In insolvency proceedings against the debtor an international interest is effective if prior to the commencement of the insolvency proceedings that interest was registered in conformity with this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Nothing in this Article impairs the effectiveness of an international interest in the insolvency proceedings where that interest is effective under the applicable law.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Nothing in this Article affects: (a) any rules of law applicable in insolvency proceedings relating to the avoidance of a transaction as a preference or a transfer in fraud of creditors; or (b) any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the insolvency administrator.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) any rules of law applicable in insolvency proceedings relating to the avoidance of a transaction as a preference or a transfer in fraud of creditors; or
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the insolvency administrator.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Except as otherwise agreed by the parties, an assignment of associated rights made in conformity with Article 32 also transfers to the assignee: (a) the related international interest; and (b) all the interests and priorities of the assignor under this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) the related international interest; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) all the interests and priorities of the assignor under this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Nothing in this Convention prevents a partial assignment of the assignor’s associated rights. In the case of such a partial assignment the assignor and assignee may agree as to their respective rights concerning the related international interest assigned under the preceding paragraph but not so as adversely to affect the debtor without its consent.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Subject to paragraph 4, the applicable law shall determine the defences and rights of set-off available to the debtor against the assignee.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 The debtor may at any time by agreement in writing waive all or any of the defences and rights of set-off referred to in the preceding paragraph other than defences arising from fraudulent acts on the part of the assignee.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 In the case of an assignment by way of security, the assigned associated rights revest in the assignor, to the extent that they are still subsisting, when the obligations secured by the assignment have been discharged.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 An assignment of associated rights transfers the related international interest only if it: (a) is in writing; (b) enables the associated rights to be identified under the contract from which they arise; and (c) in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with the Protocol but without the need to state a sum or maximum sum secured.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) enables the associated rights to be identified under the contract from which they arise; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with the Protocol but without the need to state a sum or maximum sum secured.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 An assignment of an international interest created or provided for by a security agreement is not valid unless some or all related associated rights also are assigned.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 This Convention does not apply to an assignment of associated rights which is not effective to transfer the related international interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 To the extent that associated rights and the related international interest have been transferred in accordance with Articles 31 and 32, the debtor in relation to those rights and that interest is bound by the assignment and has a duty to make payment or give other performance to the assignee, if but only if: (a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; and (b) the notice identifies the associated rights.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) the notice identifies the associated rights.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Irrespective of any other ground on which payment or performance by the debtor discharges the latter from liability, payment or performance shall be effective for this purpose if made in accordance with the preceding paragraph.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Nothing in this Article shall affect the priority of competing assignments.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
In the event of default by the assignor under the assignment of associated rights and the related international interest made by way of security, Articles 8, 9 and 11 to 14 apply in the relations between the assignor and the assignee (and, in relation to associated rights, apply in so far as those provisions are capable of application to intangible property) as if references: (a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment; (b) to the chargee or creditor and chargor or debtor were references to the assignee and assignor; (c) to the holder of the international interest were references to the assignee; and (d) to the object were references to the assigned associated rights and the related international interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) to the chargee or creditor and chargor or debtor were references to the assignee and assignor;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) to the holder of the international interest were references to the assignee; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (d)
(d) to the object were references to the assigned associated rights and the related international interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Where there are competing assignments of associated rights and at least one of the assignments includes the related international interest and is registered, the provisions of Article 29 apply as if the references to a registered interest were references to an assignment of the associated rights and the related registered interest and as if references to a registered or unregistered interest were references to a registered or unregistered assignment.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Article 30 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 The assignee of associated rights and the related international interest whose assignment has been registered only has priority under Article 35(1) over another assignee of the associated rights: (a) if the contract under which the associated rights arise states that they are secured by or associated with the object; and (b) to the extent that the associated rights are related to an object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) if the contract under which the associated rights arise states that they are secured by or associated with the object; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) to the extent that the associated rights are related to an object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 For the purposes of sub-paragraph (b) of the preceding paragraph, associated rights are related to an object only to the extent that they consist of rights to payment or performance that relate to: (a) a sum advanced and utilised for the purchase of the object; (b) a sum advanced and utilised for the purchase of another object in which the assignor held another international interest if the assignor transferred that interest to the assignee and the assignment has been registered; (c) the price payable for the object; (d) the rentals payable in respect of the object; or (e) other obligations arising from a transaction referred to in any of the preceding sub-paragraphs.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) a sum advanced and utilised for the purchase of the object;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) a sum advanced and utilised for the purchase of another object in which the assignor held another international interest if the assignor transferred that interest to the assignee and the assignment has been registered;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (d)
(d) the rentals payable in respect of the object; or
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (e)
(e) other obligations arising from a transaction referred to in any of the preceding sub-paragraphs.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 In all other cases, the priority of the competing assignments of the associated rights shall be determined by the applicable law.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
The provisions of Article 30 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Subject to paragraph 2, nothing in this Convention affects the acquisition of associated rights and the related international interest by legal or contractual subrogation under the applicable law.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The priority between any interest within the preceding paragraph and a competing interest may be varied by agreement in writing between the holders of the respective interests but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 A Contracting State may at any time, in a declaration deposited with the Depositary of the Protocol declare, generally or specifically: (a) those categories of non-consensual right or interest (other than a right or interest to which Article 40 applies) which under that State’s law have priority over an interest in an object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, whether in or outside insolvency proceedings; and (b) that nothing in this Convention shall affect the right of a State or State entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under the laws of that State for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) those categories of non-consensual right or interest (other than a right or interest to which Article 40 applies) which under that State’s law have priority over an interest in an object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, whether in or outside insolvency proceedings; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) that nothing in this Convention shall affect the right of a State or State entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under the laws of that State for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 A declaration made under the preceding paragraph may be expressed to cover categories that are created after the deposit of that declaration.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 A non-consensual right or interest has priority over an international interest if and only if the former is of a category covered by a declaration deposited prior to the registration of the international interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 Notwithstanding the preceding paragraph, a Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that a right or interest of a category covered by a declaration made under sub-paragraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of such ratification, acceptance, approval or accession.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
A Contracting State may at any time in a declaration deposited with the Depositary of the Protocol list the categories of non-consensual right or interest which shall be registrable under this Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly. Such a declaration may be modified from time to time.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
This Convention shall apply to the sale or prospective sale of an object as provided for in the Protocol with any modifications therein.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Subject to Articles 43 and 44, the courts of a Contracting State chosen by the parties to a transaction have jurisdiction in respect of any claim brought under this Convention, whether or not the chosen forum has a connection with the parties or the transaction. Such jurisdiction shall be exclusive unless otherwise agreed between the parties.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Any such agreement shall be in writing or otherwise concluded in accordance with the formal requirements of the law of the chosen forum.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 The courts of a Contracting State chosen by the parties and the courts of the Contracting State on the territory of which the object is situated have jurisdiction to grant relief under Article 13(1)(a), (b), (c) and Article 13(4) in respect of that object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Jurisdiction to grant relief under Article 13(1)(d) or other interim relief by virtue of Article 13(4) may be exercised either: (a) by the courts chosen by the parties; or (b) by the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that Contracting State.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) by the courts chosen by the parties; or
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) by the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that Contracting State.