CONGO BRAZZAVILLE Law and Practice Contributed by: Claudy Monja and Sarah Razafindrafito, John W Ffooks & Co
3.4.6 Domestic Courts Competent to Decide on Enforcement Actions Congolese courts are generally competent to decide enforcement actions under a security agreement or aircraft mortgage when these (ie, the security agree - ment or aircraft mortgage) are registered in the Repub - lic of Congo. 3.4.7 Summary Judgments or Other Relief It is possible for a lessor to obtain a summary judg - ment or equitable or other injunctive relief pending final resolution of judicial proceedings, to enforce a security agreement/aircraft mortgage, generally in the case of an emergency. 3.4.8 Judgments in Foreign Currencies The law is silent on whether a secured party under a security agreement/aircraft mortgage can obtain a judgment in a foreign currency. Generally, a Congo - lese court decision is in local currency. In other words, a secured party under a security agreement/aircraft mortgage may obtain a judgment in a foreign currency but its equivalence in Central African francs (XAF) shall be indicated. Such judgment is generally at the discre - tion of the judge.
3.4.9 Taxes/Fees Payable A secured party would not be required to pay taxes. However, it is liable to pay court fees, which are nomi - nal. 3.4.10 Other Relevant Issues There are no other relevant issues that a lender should be aware of in relation to the enforcement of its rights. 4. Other Issues of Note 4.1 Issues Relevant to Domestic Purchase, Sale, Lease or Debt Finance of Aircraft There are no other relevant issues in the Republic of the Congo. 4.2 Current Legislative Proposals There are no current proposals before the Congolese legislature that are worth mentioning in respect of the foregoing items.
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