Why does recording aircraft ownership and mortgage rights help lenders?
In the context of air law, it is important to clarify that while aircraft registration for nationality and public-law purposes is a standard international requirement, registration for private-law purposesāsuch as recording ownership and mortgagesāvaries by legal system.
Recording these rights in a public registry provides significant benefits to lenders by establishing legal certainty. In many jurisdictions, transactions such as sales or mortgages must be recorded in a public registry before they can be invoked against third parties, and some systems only recognize rights that have been duly recorded.1
For lenders, this formal recording process is essential when aircraft are used as security for credit or loans. By ensuring that these rights are documented and publicly accessible, the system protects the lender's interest in the asset. Furthermore, the Convention on the International Recognition of Rights in Aircraft was established to provide international recognition of these recorded rights, which helps facilitate financing by creating greater uniformity in the private law governing aircraft ownership and security interests.1