SENEGAL Law and Practice Contributed by: Claudy Monja and Mampionona Razafimamonjy, John W Ffooks & Co
• the legal costs incurred in order to achieve the sale of the aircraft and the distribution of its price in the common interest of the creditors; • the remuneration due for the salvage of the aircraft; • the indispensable expenses incurred for its preser - vation; • claims resulting from the contract of employment of the members of the flight crew and other per - sons assigned to the onboard service but with regard to pledges for a period of six months at the most; and • the fees due for the use of devices and aids to air navigation and landing. The aforementioned liens are on the aircraft or on the insurance indemnity provided for in Article 50 of the Civil Aviation Code. The liens follow the aircraft through whosoever’s hands it passes. These privileges relate only to maintenance work and costs performed on the aircraft. However, they cannot cover the value of work done on other assets. The rights of recourse of a third-party lien holder are the same as those of a creditor. In the event of the sale in Senegal of an aircraft encumbered in a state party to the Convention on the International Recognition of Rights in Aircraft signed in Geneva on 19 June 1948, the rights provided for in Article 1 of that convention and encumbering the aircraft may only be exercised without prejudice to the recognised rights of the victims of damage caused to the surface by virtue of Article 7 of the Convention. 3.3.2 Timeframe to Discharge a Lien or Mortgage The liens expire three months after the event that gave rise to them, unless the creditor has previously entered its claim in the registers, after having had the amount acknowledged amicably, or, failing that, after having brought legal proceedings in respect of it. In addition, liens are extinguished, independently of the normal methods of extinguishing liens: • by the sale of the aircraft in court in the manner provided for by decree; and
• in the case of a voluntary transfer duly entered in the register of registrations, at the latest one month after publication of the transfer in a legal gazette of the seller’s domicile, unless, before the expiry of this period, the creditor notifies its claim to the purchaser at the domicile elected by it in the publi - cations. The registration preserves the mortgage for ten years from the date of its entry in the registers. Its effect ceases if the registration is not renewed before the expiry of this period. The mortgage guarantees, in the same rank as the capital, three years of interest in addition to the cur - rent year. Creditors with mortgages on aircraft may exercise their right to follow through whosoever’s hands they pass in order to be registered and paid according to the order of their registration and after the preferential creditors, subject to the exceptions provided for by the local regulations in force. 3.3.3 Register of Mortgages and Charges A register for the registration of mortgages exists in Senegal. Registration in this register confers on the mortgagee a rank according to their order of registra - tion, which allows them to be given priority over sub - sequent mortgagees and other unsecured creditors. 3.3.4 Statutory Rights of Detention or Non- Consensual Preferential Liens A mortgage registration can be ordered by a court on an aircraft and its accessories (on a “fleet-wide” basis). The precautionary arrest of aircraft may be ordered following a decision of the ANACIM, the police or cus - toms, but not as a result of liens. 3.3.5 Verification of an Aircraft’s Freedom From Encumbrances Verification of an aircraft’s freedom from encumbranc - es can be found in the register of mortgages held by the director general of the ANACIM.
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