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CISG CASE PRESENTATION

United States 25 July 2002 U.S Bankruptcy Court for the Middle District of Georgia (In re Ayers Aviation Holdings, Inc - First National Bank of South Georgia v. Ayers Aviation Holdings, Inc.)
[Cite as: http://cisgw3.law.pace.edu/cases/020725u1.html]

Primary source(s) of information for case presentation: Case text

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Case identification

DATE OF DECISION: 20020725 (25 July 2002)

JURISDICTION: United States

TRIBUNAL: United States Bankruptcy Court for the Middle District of Georgia

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Nos. 00-11881, 011003

CASE NAME: In re Ayers Aviation Holdings, Inc. (First National Bank of South Georgia v. Ayers Aviation Holdings, Inc.)

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Czech Republic

BUYER'S COUNTRY: United States

GOODS INVOLVED: Airplane and two aircraft engines


Case abstract

UNITED STATES: U.S. Bankruptcy Court, Middle District of Georgia, 25 July 2002

Case law on UNCITRAL texts (CLOUT) abstract no. 719

Reproduced with permission of UNCITRAL

Abstract prepared by Peter Winship, National Correspondent

The case deals with conflict of laws issues and the CISG's application.

A bankruptcy proceeding was commenced against a corporation with its place of business in the United States. The debtor claimed that it was the buyer of an airplane and two airplane engines from an enterprise with its place of business in the Czech Republic. The alleged seller disputed the effectiveness of the sale and several other persons claimed property rights in the airplane and the engines. One claimant noted that while the Czech Republic was a party to the Sales Convention, aircraft were excluded from its coverage according to CISG article 2 (e). Without reference to the airplane engines, the court concluded that Czech domestic law governed the claims to the property in dispute.

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Classification of issues present

APPLICATION OF CISG: No

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 2(e)

Classification of issues using UNCITRAL classification code numbers:

2E [Exclusions from Convention: ships, vessels, hovercraft, aircraft]

Descriptors: Scope of Convention ; Aircraft

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (English): 2002 Bankr. LEXIS 1151; 2002 Westlaw 1835423; Bankruptcy Reporter 282, 534

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 7, 2007
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