Document Type : Research Paper
Authors
1 Ph.D. Student, Private Law Department, Ar.c, Islamic Azad Universityِ, arak, Iran
2 Assistant Professor, Private Law Department.Far.C.Islamic Azad university.Farahan.Iran
3 Assistant Professor, Private Law Department. Ar.c, Islamic Azad Universityِ, arak, Iran
Abstract
The efficacy of global aviation financing hinges on modern collateral mechanisms—particularly the accessory real right—and robust risk-mitigation frameworks. Iran’s legal system, anchored in classical doctrines, impedes such efficiency. Modernizing the national aircraft fleet demands significant capital, which remains inaccessible without structural legal reform. This study employs a descriptive-analytical and comparative methodology to assess the compatibility of the accessory real right, as defined under the Geneva Convention (1948) and the Cape Town Convention (2001), with Imamiyyah jurisprudence and Iran’s domestic legal order. It specifically asks whether this international security interest can be effectively integrated into Iran’s legal framework. Findings indicate that Imamiyyah jurisprudence possesses sufficient doctrinal flexibility to accommodate such modern proprietary instruments. However, critical obstacles—including an inadequate registry infrastructure, overlapping enforcement authorities, and institutional limitations—prevent Iran’s effective accession to the Cape Town Convention. Consequently, non-accession results in higher financing costs and reduced investor confidence. To address this, the study proposes a model of gradual legal harmonization, leveraging existing legislative capacities, implementing targeted executive measures, and grounding reforms in established jurisprudential and doctrinal principles to render domestic law operationally compatible with international aviation financing standards.
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