Aircraft operating leasing: a legal and practical analysis in the context of public and private international air law
Hanley, D.P.
Citation
Hanley, D. P. (2011, November 24). Aircraft operating leasing: a legal and practical analysis in the context of public and private international air law. Retrieved from
https://hdl.handle.net/1887/18146
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License: Licence agreement concerning inclusion of doctoral thesis in the Institutional Repository of the University of Leiden
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Propositions relating to the dissertation Aircraft Operating Leasing: A Legal and Practical Analysis in the Context of Public and Private International Air Law to be defended at Leiden University on 24 November 2011 by Donal Hanley:
1. Encouragement of aircraft operating leasing should lead to better maintained aircraft and thus contribute to aircraft safety which is a public benefit.
2. Expansion of the in rem fleet lien from Eurocontrol to cover ETS and other matters should be matched with giving lessors the tools quickly to enforce their lease rights.
3. Treating finance and operating leases the same for accounting purposes will not lead to them being treated the same for legal purposes.
4. There is no particular reason why the “hell or high water” clause on making payments has to be included in a lease, but if it is included, it should be enforced by the courts in case of dispute.
5. Criminal jurisdiction for crimes committed on board aircraft should not be dependent on whether the operator owns or leases the aircraft in question.
6. In Europe, the trend is towards making lessors stand, in effect, as surety for the credit of airlines in an increasingly wide range of areas.
7. Drafters of international air law conventions should not assume that the operator of an aircraft owns it.
8. Eurocontrol should not be able to exercise its lien as against a lessor where Eurocontrol fails to act in accordance with the terms of the consent letter from the airline permitting Eurocontrol to divulge its account information to that lessor.
9. Arguments in favour of extending the theory of negligent entrustment are intellectually dishonest as they are simply a means to an end of getting cases into the more generous US court system.
10. Germany’s attempt to make lessors liable in certain cases for non-collection of passenger tax by lessees is opportunistic.
11. When all Dutch people are perfectly bilingual in English and Dutch, they will need a reason other than communication to retain Dutch.
12. If God had intended man to fly, He would have dealt with safety issues in the Ten Commandments.
