CHAD Law and Practice Contributed by: Claudy Monja and Felana Ranaivoson, John W Ffooks & Co
2.6.13 Other Relevant Issues There are no other relevant issues. 2.7 Lease Assignment/Novation 2.7.1 Recognition of the Concepts of Contractual Assignment and Novation The concepts of contractual assignment and novation are recognised under Chadian law. 2.7.2 Assignment/Novation of Leases Under Foreign Laws To the extent that the assignment is limited to the assignment of the lessor’s rights and benefits under the lease, there are no specific formalities to follow in respect of the assignment. However, it is advisable to file a copy of the notice and acknowledgement of assignment (and the assignment subject to any confi - dential arrangement between the parties) in the ADAC document record book for information purposes. It is understood that the notice and acknowledgement of assignment (and the assignment subject to any confi - dential arrangement between the parties) are not sub - ject to consent from a government authority. The requirement pertaining to the lessee’s consent is generally subject to the provision of the lease. 2.7.3 Enforceability of Lease Assignments/ Novations In principle, there is no need to translate, certify, notarise or legalise an aircraft and/or engine lease assignment and assumption/novation. However, it is advisable for these assignments and assumptions/ novations to be notarised/authenticated to be enforce - able against a domestic party. In addition, should such enforcement be carried out via the Chadian judicial courts, a certified translation thereof into French by a Chadian sworn translator is required. 2.7.4 Filing/Registration of Lease Assignments/ Novations The lessor should file the lease assignment/novation with the ADAC. There are no specific formalities for the purpose of this filing, nor is the assignment subject to any government consent.
of the aircraft lease if this is established in the lease agreement. 2.6.11 Lessees’ Entitlement to Claim Immunity The lessee is not entitled to claim sovereign or other immunity from suit. In all cases, immunities can be waived. Immunity of Execution If the lessee is a private legal entity, neither the les - see nor any of its assets is entitled to immunity of execution on the grounds of sovereign immunity of execution. The provision under the 2023 Organisation for the Har - monisation of Business Law in Africa ( l’Organisation pour l’Harmonisation en Afrique du Droit des Affaires , or OHADA) Uniform Act on the organisation of simpli - fied recovery procedures and measures of execution (the “Uniform Act on Measures of Execution”) only relates to immunities of execution of public legal enti - ties. It seems to recognise that they are entitled to immunity of execution. Said provision adds that their debts can be offset against monies that third parties owe them. However, the Uniform Act on Measures of Execution does not shed any light on whether public legal entities are allowed to waive their immunity of execution (eg, via a provision to that end inserted into the lease agreement). The Uniform Act on Measures of Execution also does not expressly forbid the waiver of said immunity of execution. Immunity of Jurisdiction Although the authors are not aware of any piece of legislation in Chad that relates to immunity of jurisdic - tion of the lessee, it is understood that, in practice, the waiver of this immunity of jurisdiction (if any) by the lessee is considered as being possible and enforce - able in Chad. 2.6.12 Enforcement of Foreign Arbitral Decisions Chad has not adopted the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). However, any foreign judgment (including an arbitral award) can be enforced in Chad after an exequatur order by a Chad - ian court.
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