Aircraft Operating Leasing: A Legal and Practical Analysis in the Context of Public and Private International Air Law (Aerospace Law and Policy Series) 3rd Edition

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Aircraft Operating Leasing: A Legal and Practical Analysis in the Context of Public and Private International Air Law (Aerospace Law and Policy Series) 3rd Edition

Author  Donal Patrick Hanley
Publication Date  Dec,2021
ISBN 9789403540306
Format
Hardcover
Publisher Wolters Kluwer

 

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. The legal significance of aircraft leasing is, therefore, growing very quickly. Bringing together the laws affecting both air travel and leasing can, however, be challenging. This book is the first to assume this task in a major focused way, thus providing invaluable expert guidance to practitioners handling aircraft lease agreements as well as to legal academics and students.

In this third edition, the author examines the aircraft operating lease from both a legal and practical point of view and contextualizes it in light of the latest public and private international air law agreements, case law, statutes and regulations from a variety of 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. An immensely useful supplement sets out a real example of a form of aircraft operating lease for a used aircraft, as used by a leading commercial aircraft leasing company. 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.

About The Author:

Donal Patrick Hanley is an Adjunct Professor at the Institute of Air and Space Law of McGill University, a Visiting Lecturer at the International Institute of Air and Space Law of Leiden University, an Instructor at the Training and Development Institute of the International Air Transport Association (IATA), and a Fellow of the Royal Aeronautical Society. Born in 1964 in Ireland, he was educated first in Dublin at Belvedere College, SJ and the Law Schools of Trinity College, Dublin and the Law Society of Ireland. He then received a European Commission scholarship to study Japanese language and business at the Tokyo School of Japanese Language and Sophia University, SJ, as part of its Executive Training Programme in Japan. He has an MA degree in Linguistics from Monash University, which he studied by distance learning, as well as an MBA degree in International Aviation from Concordia University, Montréal and a Diploma in Air Law from IATA. He graduated cum laude with an LLM (Adv) in Air and Space Law from Leiden University and obtained his doctorate there in 2011. A non-executive board director of a number of aviation-related companies, he was previously the founding Managing Director of ACG Aircraft Leasing Ireland Limited, a Dublin-based wholly owned subsidiary of Aviation Capital Group LLC (ACG), a large California-based aircraft leasing company, and served as a board director of its Irish, French and Swedish subsidiaries. With the late Dr Donald H. Bunker and others, he co-founded and served as a board director of CIAF Leasing, an Egyptian aircraft leasing company.

For many years, he represented ACG on the Aviation Working Group (AWG), an industry association of major aircraft and aircraft engine manufacturers, lessors and financiers, and was a member of the AWG team negotiating legal documentation standardization with IATA. Before joining ACG, he was an aircraft leasing and finance lawyer with extensive experience, both in private practice and in-house, in Ireland and England for McCann FitzGerald, in Japan for Linklaters and in the United States of America and The Netherlands for Tombo Aviation Inc. and other group companies of Mitsui & Co., Ltd. He is a non-practising solicitor admitted in Ireland, England and Wales and is an active member of the State Bar of California, serving as Chair of its International Law Section from 2006 to 2007. He is a Knight of the Holy Sepulchre, a Knight of Malta and a member of the Stephen’s Green Club in Dublin and of the Royal Air Force Club in London. --This text refers to the hardcover edition.




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