MADAGASCAR Law and Practice Contributed by: Claudy Monja and Sarah Razafindrafito, John W Ffooks & Co
2.6.5 Domestic Courts’ Approach to Foreign Laws and Judgments Malagasy courts will uphold a foreign law as the gov - erning law of an aircraft lease, as well as the submis - sion to foreign jurisdictions if the parties so choose (choice of law and of jurisdiction clauses or agree - ments), and also a waiver of immunity by the parties to that lease, if the issues in dispute are regarded as non-disposable rights or inalienable rights. 2.6.6 Domestic Courts’ Recognition of Foreign Judgments/Awards Malagasy courts would recognise and enforce a final judgment of a foreign court or an arbitral award after an exequatur order by a Malagasy court. An exequatur order is a decision of a Malagasy court to enforce a foreign judgment in Madagascar after a final verifica - tion that the foreign judgment is not in breach of public order and good moral standards (eg, any decision that may constitute a threat to national defence cannot be enforced in Madagascar). The case will not be re- examined on its merits. 2.6.7 Judgments in Foreign Currencies It is possible for a lessor under an aircraft lease to obtain a judgment in a foreign currency if the lease agreement sets forth this possibility. 2.6.8 Limitations on Lessors’ Actions Following Termination It is possible for a lessor to recover default interest (or the compounding thereof). However, after termination of the lease for default, including if the lessee fails to return the aircraft, it would not be possible to charge additional rent, although it would be possible to claim the repossession of the aircraft and 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 an aircraft lease. 2.6.10 Mandatory Notice Periods The lessor is only obliged to comply with the manda - tory notice periods for termination of the aircraft lease that are established in the lease agreement.
the lessee or any other pilot to fly the aircraft to the specific location. From an administrative point of view, an export cer - tificate of airworthiness (ECA) is required. The ECA is issued by the CAA following an application made by the lessor, subject to a technical airworthiness assess - ment made by the responsible authority. The CAA remains entitled to require any further docu - ments that it deems relevant (eg, a document evi - dencing that the aircraft was duly authorised by the customs authorities to enter and stay in Madagascar). 2.6.2 Lessor Taking Possession of the Aircraft If a DPOA/irrevocable power of attorney has been granted by the lessee to the lessor, neither the con - sent of the former nor a court order is required. 2.6.3 Specific Courts for Aviation Disputes There are no specific courts in Madagascar to deal with aviation disputes. This type of dispute is normally brought before the commercial courts. 2.6.4 Summary Judgment 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 for such pur - poses, if the following conditions are met: • the applicant party proves the existence of a grounded fear that the counterparty will cause a serious or barely repairable action to its rights; • the applicant party proves the urgency of the mat - ter, which is not compatible with the delay of the main judicial proceedings; • the applicant party gives summary evidence of its rights; and • the court should not consider that the harm caused to the other party does not considerably supersede the damage that the injunctive relief is envisaged to avoid. The estimated period to obtain such a court order could be immediate or up to 30 days, depending on the specific injunctive relief requested to the court.
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