Aircraft Registration and Registry System in Turkish Law

Entrance

Air transport is critically important today not only for passenger transport but also for trade, tourism, international relations, the defense industry, and logistics. Therefore, determining the ownership, operating rights, and national/international legal status of aircraft is of paramount importance.

In Turkish law, the registration of aircraft the Turkish Civil Aviation Law No. 2920. This registration system was established to ensure transparency of ownership and to determine which state's registry the aircraft belongs to. At the same time, international law, particularly the Chicago Convention of 1944 and the Cape Town Convention of 2001, mandates the maintenance of aircraft registries in a manner consistent with international norms.

This article will examine in detail the legislation regarding aircraft registration, the legal nature of registration, registration procedures, Supreme Court decisions, international aspects, and problems encountered in practice.

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I. Legal Framework in the Legislation

1. Turkish Civil Aviation Law (Law No. 2920)

• The registration obligation is regulated in Article 49 of the Turkish Civil Aviation Law. Accordingly, registration of an aircraft in the Turkish registry is a prerequisite for that aircraft to be considered of Turkish nationality.

• Article 50 , it is not possible to operate an aircraft in Turkey that is not registered in the Turkish registry.

• Article 51 regulates the documents and procedures required for registration.

2. Aircraft Registry Regulations

This regulation, issued by the SHGM (General Directorate of Civil Aviation), details the documents to be submitted, registration procedures, cancellation processes, and the registration of mortgages/liens in the registry.

3. International Regulations

• Chicago Convention (1944): Stipulates that an aircraft cannot be registered in more than one registry at the same time.

• Cape Town Convention (2001): Provides for the registration of aircraft in an international register for financial leasing and loan transactions.

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II. Legal Nature of Aircraft Registration

1. Discussion of the Founding or Explanatory Nature

• There are two views in the doctrine:

  • the founding property view, ownership does not arise until the aircraft is registered.

  • the explanatory view, ownership arises through a valid sale or contract; registration merely provides enforceability against third parties.

The Supreme Court's practice also generally the explanatory view (Supreme Court, 11th Civil Chamber, 2017/4358 E., 2019/2211 K.).

2. Functions of Registration

• Ensuring the transparency of property rights

• Determining nationality

• Serving as the basis for pledge and mortgage transactions

• Public safety and aviation safety

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III. How the Registry System Works

1. Types of Records

• National Registry (registry kept by SHGM)

• International Registry (Cape Town International Registry)

2. Registration Procedures

• Initial registration: The registration of an aircraft that has come off the production line or has been imported.

• Transfer: The registration of sales, usufruct, or lease transactions.

• Deregistration: Removal from the registry in case of scrapping, export, or becoming unusable.

3. Documents Required for Registration

• Sales contract or invoice

• Airworthiness certificate

• SHGM conformity certificate

• Customs declaration

• Turkish citizenship or Turkish company requirement

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IV. Problems Encountered in Practice

1. The Problem of Double Registration

In some cases, it is possible for the same aircraft to be registered in both a foreign and a Turkish registry. This situation, which is contrary to the Chicago Convention, gives rise to international disputes.

2. Leasing (Financial Leasing) Transactions

In aircraft acquired through leasing, ownership remains with the lessor, while the right of use is granted to the lessee. This can lead to confusion in proving ownership.

3. Pledge and Mortgage Transactions

It is common practice for banks to request mortgages as collateral for loans. However, the slow processing of creditor records can negatively impact the security of collateral for creditors.

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V. Supreme Court Decisions

1. Court of Appeals, 11th Civil Chamber, Case No. 2017/4358, Decision No. 2019/2211.

   • He stated that registration is not constitutive but rather descriptive for acquiring ownership.

2. Court of Appeals, 11th Civil Chamber, Case No. 2016/3785, Decision No. 2018/2467.

   • It was determined that ownership of the aircraft acquired through leasing belongs to the lessor.

3. Court of Appeals, 19th Civil Chamber, Case No. 2014/8567, Decision No. 2016/2123.

   • The court ruled that the aircraft must be registered for the mortgage to be valid.

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VI. International Dimension

• ICAO Standards: Registration criteria established by the International Civil Aviation Organization.

• Cape Town Agreement: Securing the rights of international financial institutions.

• Compliance with EU Legislation: As a candidate country, Turkey is obligated to harmonize its aviation standards with EU standards.

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VII. Solution and Reform Proposals

1. Complete digitalization of the registry system.

2. registry data publicly available.

3. Unification of Supreme Court precedents

4. Strengthening the integration of the Cape Town registry

5. Expediting aircraft mortgage procedures

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Conclusion

The aircraft registry system is indispensable in the aviation sector legal security, international compliance , and commercial safety . While the current system in Turkish law is generally adequate, digitalization, transparency, and consistency of jurisprudence .

For Türkiye to increase its competitiveness in international aviation, it is essential to bring its registration system into line with modern standards.