Article 21. The person responsible for the aircraft shall not permit the removal of the aircraft except in cases of necessity to assure its safety and under such circumstances as the competent authority may determine.

Article 22. Aircraft that have a permit to cross in transit over the national territory shall not be subject to the requirements of frontier inspection. They shall follow the designated air route and shall observe the applicable flight rules.

In the event of an emergency landing, the procedures set forth in Articles 20 and 21 shall apply.

TITLE III- -GROUND ORGANIZATION

Chapter I-Airdromes

Article 23. Airdromes may be public or private. Airdromes shall be deemed public when they are open to public use; all others shall be deemed private. The character of the entity which owns the real property shall not determine whether an airdrome is public or private. Article 24. Public airdromes intended for aircraft flying over international routes shall be designated as airdromes for international use. Airdromes for international use that have health service, customs, immigration and other inspectors shall be known as international airports.

Article 25. Every airdrome shall be certified by the competent authority which will establish the conditions for its operation.

Article 26. Aircraft shall take off from, or land on public or private airdromes. This obligation shall not obtain in the case of force majeure or in cases involving public aircraft carrying out their duties or in the cases of aid or rescue work, or aircraft in health service work. Article 27. Private aircraft not engaged as public carriers of passengers or goods and those transporting mail exclusively, may be excused from the obligation imposed by the preceding article.

Article 28. Except in the case of force majeure, no aircraft may land on private airdromes without authorization from the owner.

The landing of aircraft on private property, whether airdromes or not, shall not entitle the owner to prevent the continuation of the flight. The owner shall be required to report the landing to the proper regulating authority giving the registration of the aircraft and the name and address of its owner and of the person in charge of it.

Article 29. Adequate space required to fulfill the needs of aviation facilities shall be made available for public airfields.

The competent authority shall determine or approve, as the case may be, the price of the property and the payments therefor in the manner set forth in the pertinent provisions of law.

Chapter II-Limitations on property rights

Article 30. Private property necessary for the installation of airdromes and their improvements, and for airports already established and their supporting facilities, is hereby considered of public use and subject to expropriation.

As supporting facilities are considered all the elements necessary to set up ground aid units such as beacons, signal systems, radio com

munications and meteorological aids and such others as are necessary or useful for air navigation.

Article 31. The agency invested by the Executive with the power of holding expropriation hearings when called for such purpose, shall make settlements directly with the property owners, observing in all cases the principles applicable under the general rules of law pertaining to seizures under the power of eminent domain.

Article 32. If at the time the establishment or operation of an airdrome is authorized there are near it buildings, structures, or other works of whatever nature which might render difficult the arrival or departure of aircraft, the competent authority shall be empowered to order them demolished or removed completely or partially, provided the property has been expropriated or purchased as set forth in the previous article.

Article 33. In the area immediately adjoining an airport, no structure, construction or other work of any sort may be erected if this would render difficult the departure or arrival of aircraft, unless prior authorization is obtained from the competent authority.

The same agency shall be empowered to order the demolition or removal of buildings, structures or works erected in violation of the terms of this article and if necessary to resort to judicial intervention, and no right of compensation shall arise therefrom.

Article 34. It shall be required throughout the territory of the Republic that any obstacles which, in the opinion of the competent authority, constitute a danger to aviation be marked by appropriate markings or lights and that the costs of installing and maintaining such devices devolve upon the owner of the structure involved. Such warning devices shall be set up in accordance with the regulations promulgated by the competent authority.

Chapter I-Definition

TITLE IV-AIRCRAFT

Article 35. Aircraft shall be deemed to be any devices or machines which are capable of circulating in the air and which are suitable for the transportation of persons or goods.

Chapter II-Classification

Article 36. Aircraft shall be deemed to be either public or private. Aircraft are public aircraft when they serve for use by the governing authorities, such as the military, police, and customs. Other aircraft are private even when owned by the state.

Chapter III-National Register of Aircraft

Article 37. Aircraft shall be registered in a national register established for that purpose. Engines, propellers, parts and accessories may be registered in a special register.

Article 38. The following shall be registered in the national register of aircraft:

1. All documents, instruments, contracts, or resolutions which manifest the ownership, transfer, alteration, or destruction of aircraft;

2. Incumbrances or restraints imposed on aircraft or which may be decreed against them;

3. Registration papers with sufficiently detailed information to identify aircraft and certificates of airworthiness;

4. The grounding, disablement, or loss of an aircraft, substantial alterations, and partial or total remodeling of an aircraft:

5. Contracts for the operation of an aircraft;

6. Amendments to a corporate charter or partnership agreement, and the name, residence, and nationality of the directors or managers and executives of enterprises owning Argentine aircraft;

7. In general, any document which may have legal significance or which may affect, or bear reference to, an aircraft.

Article 39. After an aircraft has been registered in the register, all prior registrations shall be deemed cancelled, but without affecting the validity of legal rights relative to the obligations of the owner.

Article 40. The competent authority shall determine the items which are to be set forth in the registration of an aircraft and the procedure for its registration and cancellation thereof.

Article 41. The national register of aircraft shall be open to the public. Any interested person may obtain a certified copy of all entries in that register by requesting it from the authority in charge thereof.

Chapter IV-Requirements for Ownership in an Argentine Aircraft Article 42. In order to be owner of an Argentine aircraft a natural person must be domiciled in the republic of Argentina.

Article 43. If an aircraft is owned by several coowners, the majority, owning in excess of one-half of the value of the aircraft must be domiciled in the republic of Argentina.

Article 44. If an aircraft is owned by a company, one more than onehalf of the owners representing at least a majority of the capital and subject to joint liability must be domiciled in Argentina and the company must have its real and effective main office in the republic of Argentina.

Article 45. If an aircraft is owned by a corporation, the chairman of the board of directors, the person who carries out the functions of manager of the corporation, and at least two-thirds of the directors or administrators must be Argentine nationals and such company must have its real and effective main office and be controlled within the republic of Argentina.

Chapter V-Nationality

Article 46. Registration of an aircraft in the register shall confer Argentine nationality upon it.

Aircraft registered in Argentina shall lose their nationality if, for any reason, there is a failure to meet the conditions set forth in the preceding chapter, or if they are registered in a foreign country. Chapter VI-Markings

Article 47. Every aircraft shall display distinctive markings indicating its nationality and registration.

The markings of an aircraft engaged in police, customs, or health service, shall have distinctive characteristics which will facilitate its identification.

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Chapter VII-Ownership, Modifications, and Transfers

Article 48. Aircraft within the scope of this Code shall be considered personal property; any transaction pertaining to aircraft shall be made by a public or private instrument and duly authenticated.

Article 49. The transfer of title to aircraft, as well as any other legal act with reference to them and provided for in Article 38, may not be perfected by the immediate parties, and shall not be binding upon third parties unless followed by registration in the national register of aircraft.

Article 50. In order that the transactions and contracts mentioned in paragraphs 1, 2, and 5 of Article 38 which have been executed in a foreign country may be of force and effect in the republic of Argentina, they must be executed by a notarized instrument in writing or before a consular representative of Argentina who shall register the document in question and shall forward a record to the proper authorities.

Chapter VIII-Mortgages and Creditors' Rights

Article 51. Aircraft may be mortgaged in whole or in part even when they are in process of construction.

A mortgage shall be created by public or private instrument in writing, properly notarized, and shall be recorded in the national register of aircraft. Such recordation shall entitle the mortgagee to preference over other creditors in the order of recordation.

Article 52. A mortgage shall extend to coverage by insurance for loss of, or damage to the aircraft and to compensation to the owner for damage done to by it by third parties.

Article 53. The following rights shall have preference over the mortgagee's rights in the order rated:

1. Amounts due for lawful expenses which benefit the mortgagee;

2. Amounts due to the State for taxes and fees for use of airports or for services which are a part or in aid of air navigation; 3. Amounts due for salvage of the aircraft;

4. Amounts due for provisioning and repair of the aircraft made at a place other than that of its destination to enable it to continue on its journey;

5. Wages of the crew for the last trip.

Article 54. A mortgage shall lapse three years from the date of its recordation unless renewed.

Article 55. The provisions pertaining to mortgages on sea vessels shall apply to aircraft, unless they are in conflict with this Code. Chapter IX-Operation

Article 56. The use of an aircraft may be contracted for one or more trips, for a fixed period of time, or according to the number of kilometers flown.

Article 57. The crew of an aircraft, absent any agreement to the contrary, shall be subject to the control and charge of the owner of the aircraft.

Article 58. In the case where the operator of an aircraft undertakes to provision the aircraft and to furnish its crew, the obligation of the owner shall be limited to delivering the aircraft at the time and place agreed upon, after obtaining the necessary flight papers.

Operator of an aircraft, in the sense of this Code, shall be deemed to be any person who utilizes an aircraft for his own purposes, including a nonprofit undertaking.

The duty of the owner shall extend to maintaining the aircraft in normal operating condition until the completion of the contract. This duty shall cease if there is negligence on the part of the operator.

Article 59. The contract shall be reduced to writing, it shall be approved by the proper authority and registered in the national register of aircraft. It shall not be approved if the person who is to use the aircraft fails to meet the conditions required of an owner.

Article 60. Recordation of the contract in accordance with the provisions of Article 58 shall relieve the owner of any liability subsequently incurred, which shall be the sole responsibility of the other contracting party with the exception of those provided for in the regulations promulgated by the competent authority, which shall be applicable in all cases.

Article 61. In the event that the contract is not recorded it shall be of no effect with respect to third parties, and the owner and the operator shall be jointly liable for any violation or damage that may result.

Article 62. The rights and duties under the contract shall not be assignable either in whole or in part unless the contract contains an express provision to that effect.

Article 63. The provisions of the Commercial Code shall apply unless they do not relate to this Code or are incompatible with it. Chapter X-Attachment

Article 64. With the exception of public aircraft, all aircraft shall be susceptible to attachment.

Article 65. Upon recordation of a writ of attachment, the party in whose favor the attachment runs shall have preference over all other creditors with the exception of creditors with a superior right.

Article 66. Attachment shall carry with it the grounding of the aircraft in the following circumstances:

1. When it has been ordered in execution of a judgment of a court; 2. When a loan has been granted to make the trip possible, and the aircraft is ready to depart;

3. When there exists a claim of the seller of the aircraft for breach of the sales contract.

Chapter XI-Industries

Article 67. The Executive shall promote the construction of aircraft and shall encourage private enterprise tending to develop a domestic aircraft industry.

Article 68. In order to fulfill the purpose set forth in the preceding article, agreements of an industrial or commercial character may be concluded; or mixed organizations may be established.

Article 69. In order to benefit from aid by the State, private enterprises must be legal entities established in the country and may not depend, directly or indirectly, upon foreign organizations.

Article 70. The Executive shall establish the circumstances, form, and conditions for technical and economic aid to aircraft maintenance shops and all other similar enterprises.

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