§ 44108. Validity of conveyances, leases, and security instruments
792 words·~4 min read·
/usc/title-49/section-44108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Validity Before Filing.— Until a conveyance, lease, or instrument executed for security purposes that may be recorded under section 44107(a)(1) or
(2)of this title is filed for recording, the conveyance, lease, or instrument is valid only against—
(1)the person making the conveyance, lease, or instrument;
(2)that person’s heirs and devisees; and
(3)a person having actual notice of the conveyance, lease, or instrument.
(b)Period of Validity.— When a conveyance, lease, or instrument is recorded under section 44107 of this title, the conveyance, lease, or instrument is valid from the date of filing against all persons, without other recordation, except that—
(1)a lease or instrument recorded under section 44107(a)(2)(A) or
(B)of this title is valid for a specifically identified engine or propeller without regard to a lease or instrument previously or subsequently recorded under section 44107(a)(2)(C) or (D); and
(2)a lease or instrument recorded under section 44107(a)(2)(C) or
(D)of this title is valid only for items at the location designated in the lease or instrument.
(c)Applicable Laws.—
(1)The validity of a conveyance, lease, or instrument that may be recorded under section 44107 of this title is subject to the laws of the State, the District of Columbia, or the territory or possession of the United States at which the conveyance, lease, or instrument is delivered, regardless of the place at which the subject of the conveyance, lease, or instrument is located or delivered. If the conveyance, lease, or instrument specifies the place at which delivery is intended, it is presumed that the conveyance, lease, or instrument was delivered at the specified place.
(2)This subsection does not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty, as applicable.
(d)Nonapplication.— This section does not apply to—
(1)a conveyance described in section 44107(a)(1) of this title that was made before August 22, 1938; or
(2)a lease or instrument described in section 44107(a)(2) of this title that was made before June 20, 1948.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1165; Pub. L. 108–297, § 5, Aug. 9, 2004, 118 Stat. 1097.)
In subsection (a), before clause (1), the words “conveyance, lease, or instrument executed for security purposes” are substituted for “conveyance or instrument” for clarity and consistency in this subchapter. The words “in respect of such aircraft, aircraft engine or engines, propellers, appliances, or spare parts” are omitted as surplus. The text of 49 App.:1403(c) (proviso words before semicolon) is omitted because of section 7(d) of this bill. In clause (1), the words “person making the conveyance, lease, or instrument” are substituted for “the person by whom the conveyance or other instrument is made or given” to eliminate unnecessary words and for consistency in this subchapter.
In subsection (b), before clause (1), the words “When a conveyance, lease, or instrument is recorded under section 44107 of this title . . . from the date of filing” are substituted for “Each conveyance or other instrument recorded by means of or under the system provided for in subsection
(a)or
(b)of the section shall from the time of its filing for recordation” for clarity and consistency in this subchapter and to eliminate unnecessary words. In clause (1), the words “is valid” are substituted for “Provided, That . . . shall not be affected” for consistency in this subchapter. The words “or engines . . . or propellers” are omitted because of 1:1. In clause (2), the words “is valid” are substituted for “shall be effective” for consistency in this subchapter. The words “for items at the location designated in the lease or instrument” are substituted for “which may from time to time be situated at the designated location or locations and only while so situated” for clarity and to eliminate unnecessary words.
In subsection (c)(1), the words “conveyance, lease, or” are added for consistency in this subchapter. The words “the conveyance, lease, or instrument” are substituted for “therein”, and the words “it is presumed” are substituted for “it shall constitute presumptive evidence”, for clarity.
In subsection (d)(2), the words “lease or instrument” are substituted for “instrument” for clarity and consistency in this subchapter.
Connections9 cite this · traces to 2
Cited by 9 sections · top 7
Traces to 2 documents
6 references not yet in our index
- Pub. L. 103–272, § 1(e)
- 108 Stat. 1165
- Pub. L. 108–297, § 5
- 118 Stat. 1097
- Pub. L. 108–297
- section 7 of Pub. L. 108–297
Citation graph
cites case law
§ 44108
Validity of conveyances, leases, and security instruments
Fed. Reg.×9
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 1165
Pub. L.Pub. L. 108–297, § 5
Stat.118 Stat. 1097
Pub. L.Pub. L. 108–297
Cites 8 · showing 7Cited by 9 across 1 source