El régimen jurídico de la garantía internacional sobre aeronaves: el Convenio de Ciudad del Cabo y su problemática con el derecho español

Abstract

This paper analyzes the legal regime of international interests in aircraft under the framework of the Cape Town Convention and its Aircraft Protocol, highlighting its relevance in the financing and operation of high-value aeronautical assets. The Convention establishes a uniform system that enables the creation, registration, and enforcement of international interests over mobile objects such as aircraft, engines, and helicopters, with the aim of reducing risks for creditors and encouraging investment.

Spain acceded to the Cape Town System in 2013 and 2016, respectively, but its implementation presents significant challenges. The Spanish legal system, particularly in the procedural domain, does not adequately adapt to the enforcement mechanisms provided by the Convention, which limits the effectiveness of international interests. The requirement for judicial enforcement, the absence of specific enforceable titles, and the lack of streamlined procedures hinder the effective protection of creditors.