CÔTE D’IVOIRE Law and Practice Contributed by: Samirah Mogony and Mialy Solofohery, John W Ffooks & Co
2.5.5 Assignment of Insurance/Reinsurance Assignments of insurances/reinsurances are permit - ted. 2.6 Lease Enforcement 2.6.1 Restrictions on Lessors’ Abilities There are no restrictions on the lessor’s ability to ter - minate an aircraft lease, re-export the aircraft and sell the aircraft following that termination, except if any limitations were established in the lease agreement. The law is silent on whether the aircraft needs to be physically located in Côte d’Ivoire at the time of any such action(s). 2.6.2 Lessor Taking Possession of the Aircraft While the authors are not aware of any court resolu - tion in Côte d’Ivoire dealing with taking possession of an aircraft, from a purely legal perspective, the lessee should be notified of the possession action. 2.6.3 Specific Courts for Aviation Disputes There are no specific courts that are competent to decide aviation disputes. Such disputes are brought before the commercial courts of Côte d’Ivoire. 2.6.4 Summary Judgment or Other Relief Summary judgment or injunctive relief requires the existence of urgency. The lawsuit is brought before the president of the courts, who issues a decision within approximately four to ten days (depending on the urgency of the matter). 2.6.5 Domestic Courts’ Approach to Foreign Laws and Judgments The domestic courts could uphold: • a foreign law as the governing law of an aircraft lease; • the submission to a foreign jurisdiction; and • a waiver of immunity by the parties to such lease. 2.6.6 Domestic Courts’ Recognition of Foreign Judgments/Awards The enforcement of foreign judgments (either a foreign court judgment or an arbitral award) in Côte d’Ivoire is subject to obtaining an exequatur duly issued by the courts of Côte d’Ivoire. An Ivorian court will not reas -
sess the merit of the case but will mainly ascertain that the following conditions have been satisfied: • the judgment was rendered by a competent judicial authority according to the laws of the country where it was given; • the judgment has become res judicata according to the same laws and is enforceable in the country where it was rendered; • the convicted party was duly summoned to appear before the court that rendered the judgment and was given the opportunity to defend itself; • the dispute on which the foreign court ruled is not, according to Ivorian law, within the exclusive juris - diction of Ivorian courts; • there is no conflict between the foreign judgment and another judgment already rendered by an Ivo - rian court, on the same cause of action, the same subject matter and between the same parties, and that has become res judicata; and • the decision contains nothing contrary to Ivorian public policy. 2.6.7 Judgments in Foreign Currencies While the authors are not aware of any court resolu - tion in Côte d’Ivoire dealing with this point, in general, damages are set in the local currency. 2.6.8 Limitations on Lessors’ Actions Following Termination It should be possible to recover default interest on the termination of a lease. However, following termination of a lease for default, including if the lessee fails to return the aircraft, it would not be possible to charge additional rent, but it would be possible to repossess the aircraft and claim compensation for the damages incurred by the lessor, given the lessee’s failure to return the aircraft. 2.6.9 Lessor’s Requirement to Pay Taxes/Fees A lessor under an aircraft lease is not required to pay taxes or fees in a significant (ie, non-nominal) amount in connection with the enforcement of such lease in Côte d’Ivoire. 2.6.10 Mandatory Notice Periods The terms of termination of the aircraft lease are fixed by the parties in the lease.
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