CHAD Law and Practice Contributed by: Claudy Monja and Felana Ranaivoson, John W Ffooks & Co
3.4.3 Application of Foreign Laws The parties are free to choose the governing law of the lease. In addition, they are entitled to choose to submit their disputes to a foreign court. Therefore, Chadian courts would uphold a foreign law as the governing law of a finance or security document, as well as the submission to foreign jurisdictions if the parties choose this. 3.4.4 Recognition and Enforcement of Foreign Judgments and Arbitral Awards Any foreign judgment (ie, a final judgment of a for - eign court or an arbitral award) can be enforced in Chad after an exequatur order by a Chadian court. An exequatur order is a decision of a Chadian court to enforce a foreign judgment in Chad after a final verifi - cation that such foreign judgment is not in breach of public order and good moral standards (ie, any deci - sion that may constitute a threat to national defence cannot be enforced in Chad). The case will not be re-examined on its merits. 3.4.5 Secured Parties’ Right to Take Possession of Aircraft A secured party can take possession of the aircraft to enforce a security agreement/aircraft mortgage with - out the consent of the lessee or the operator. In prin - ciple, the repossession of the aircraft should be made pursuant to judicial proceedings, particularly when the provision of the lease is not clear. On another note, the secured party can also use the deregistration powers of attorney as an instrument for repossession purposes. 3.4.6 Domestic Courts Competent to Decide on Enforcement Actions A claim should be lodged by the secured creditor at the commercial court (first-instance level). Each party has to provide evidence to support its position, and several hearings will be scheduled by the judge. Regarding recourse, there are three levels of jurisdic - tion in Chad: first-instance court, court of appeal and court of cassation.
3.4.7 Summary Judgments or Other Relief A summary judgment can be obtained in relation to the lease. However, this is only available if there is an urgent need and there is no possibility that the coun - terparty will challenge the request of the creditor (ie, there are no unpaid sums in relation to the execution It is possible for a secured party under a security agreement/aircraft mortgage to obtain a judgment in a foreign currency. 3.4.9 Taxes/Fees Payable Any non-resident party (ie, the secured party) might be asked by the court to deposit a guarantee (cau - tio judicatum solvi, or caution) at the request of the resident party. The caution is an amount of money to be deposited in escrow with the aim of covering any potential damages in the event of refusal of the claimant’s claim. The amount is fixed under the discre - tionary power of the court and there is no maximum threshold. The court will return the caution to the non- resident party if the latter wins the dispute. 3.4.10 Other Relevant Issues Note that administrative delays of court proceedings are common in Chad. 4. Other Issues of Note 4.1 Issues Relevant to Domestic Purchase, Sale, Lease or Debt Finance of Aircraft There are no other issues or court judgments that are relevant to these matters. 4.2 Current Legislative Proposals The authors are not aware of any relevant legislative proposals at the time of writing (July 2025). of the finance or security document). 3.4.8 Judgments in Foreign Currencies
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