Commentary

50 Liens and statutory rights of detention

CIVIL AVIATION vol 7
| Commentary

50 Liens and statutory rights of detention

| Commentary

50 Liens and statutory rights of detention

An exercise of a lien1 can cause major problems for any financier or lessor in that it may be exercised against the asset to his detriment. Various provisions are generally inserted into leasing agreements in an attempt to prevent or limit their operation, although their effect, of course, depends on the terms of local law.

A particular non-statutory right that often arises is a repairer’s lien: such liens are exercised, for example, by a maintenance organisation. A repairer’s lien, being a particular possessory lien arising by operation of law, has to fulfil the following

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