SERBIA Law and Practice Contributed by: Uroš Popović and Stefan Golubović, Drašković Popović & Partners
in connection with the recognition and enforcement of the lease in Serbia. 2.6.10 Mandatory Notice Periods If Serbian courts were to deliberate in a case that involves the application of Serbian law, the judge might potentially declare the mandatory notice period null and void if it is too short or if it creates an imbal - ance between the parties. 2.6.11 Lessees’ Entitlement to Claim Immunity Under Serbian law, the lessee does not have any legal instrument with which it will be entitled to claim sov - ereign or other immunity from suit in the sense that the legal instrument will prevent it from being a party to the judicial or arbitral proceedings. 2.6.12 Enforcement of Foreign Arbitral Decisions Serbia has adopted the 1958 Convention on the Rec - ognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and Serbian courts rec - ognise and enforce foreign arbitral decisions. Grounds for refusal of the recognition of foreign arbitral award correspond to those listed in Article V of the New York Convention and are not country specific. 2.6.13 Other Relevant Issues There are no other relevant issues that a lessor should be aware of in relation to the enforcement of their rights. 2.7 Lease Assignment/Novation 2.7.1 Recognition of the Concepts of Contractual Assignment and Novation Serbia recognises the concepts of contractual assign - ment and novation. 2.7.2 Assignment/Novation of Leases Under Foreign Laws Under Serbian law (assuming that a lessor transfer - ring its rights under an aircraft lease is assigning or novating its rights under the lease to a new lessor), the lessor will have to notify the lessee of the assign - ment. In this respect, the lessee does not have to give consent. If the lessee intends to assign its rights to the other entity, it will need to notify the lessor of its intention and obtain the lessor’s consent. There are
no mandatory jurisdiction-specific clauses that have to be included in the assignment. 2.7.3 Enforceability of Lease Assignments/ Novations It is not necessary for an aircraft and/or engine lease assignment and assumption/novation to be translat - ed, certified, notarised or legalised to be enforceable against a domestic party. However, the translation of the assignment agreement is necessary if it were to be used before the authorities in Serbia including, but not limited to, the courts. 2.7.4 Filing/Registration of Lease Assignments/ Novations Registration of the lease in the Aircraft Register is not mandatory. However, if the lease is registered in the Aircraft Register, any assignment of the rights and obligations under the lease should also be registered in the Aircraft Register. The procedure for registering the assignment of the lease is relatively simple and involves submitting the assignment agreement and notifying the relevant authorities of the conducted assignment. No government applications or consents are required as a prerequisite to the execution and delivery of an aircraft and/or engine lease assignment and assumption/novation. 2.7.5 Taxes/Duties Payable on Assignment/ Novation The registration fee for the assignment in the Aircraft Registry is RSD4,210 (approximately EUR36). 2.7.6 Recognition of Transfer of Ownership Interests The sole change of the ownership interest of the entity owning an aircraft will not warrant notification in the Aircraft Register. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction An owner or an operator of an aircraft may submit a deregistration request of an aircraft. If the deregistration request is submitted by an opera - tor, a certified written statement of consent by an own - er must be submitted along with the deletion request. If the deregistration request is submitted by an owner,
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