Although the contracts of lease and leasing have been used for many years by airline companies, increase in traffic volume predicted for the following years will certainly determine a greater need for aircrafts and consequently a greater demand for use of these kind of contracts. / Not only do they offer economic benefits but they are also very important instruments in the hands of an airline for fleet planning. / Operating and financial lessors have a wide market for their costly "toys", but, as the market and profits expand, so does the need for lessors to be at any time able to keep total control of them. In fact, one of the biggest fears for a lessor is to loose his property because he is not able to repossess it after a default of the lessee. / This thesis first briefly overviews the contract of lease and leasing and how the latter, being a contract of common law origin, has been included in the legal systems of two civil law countries like Italy and Quebec. Subsequently, the main clauses of a contract of aircraft lease or leasing are analysed not only to see the duties that a lessee entering into such a contract has, but also to see if these clauses follow the provisions which govern the contract, in general, and the contract of lease and leasing, in particular, in Italy and Quebec. / Chapter II deals with the remedies that, in case of the lessee's default, a lessor has, in Italy and Quebec, in order to repossess his aircraft; whether these remedies can guarantee speedy repossession and whether the remedy of the "self-help repossession", which is a typical common law legal instrument, can be applied in Italy and Quebec. / Finally there is a short analysis of the "Convention on International Interests in Mobile Equipment" which is being drafted by Unidroit and its possible help in solving the problem of quick repossession in the case of a default by the lessee.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.30301 |
| Date | January 1999 |
| Creators | Guidone, Luigi. |
| Contributors | Jobin, Pierre-Gabriel (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Air and Space Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001740882, proquestno: MQ64277, Theses scanned by UMI/ProQuest. |
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