FRANCE PRELIMINARY The Decree No. 55-1590 of November 30, 1955 provided for Codification of the French aviation laws on the basis of Law No. 53-515 of May 28, 1948 (Journal Officiel, May 29, 1953, p. 4842), which envisaged future codification of the aviation laws. It was, in form, based on the Decree of May 10, 1948 (Journal Officiel, May 13, 1948), creating a commission for the study of codifying laws and regulations. The noteworthy feature of the French aviation code is that it is the work of the Executive branch of the government without having been passed by the Legislative. Thus, the Code is, as the enabling decree preceding it states, a codification of the legal provisions concerning civil and commercial aviation and not a new law as to substance. The Code replaces all air laws abrogated in accordance with its Article 198 the first of which was the law of May 31, 1924. The Code has been amended in several respects. The texts of these amendments are set forth below. CODE OF CIVIL AND COMMERCIAL AVIATION OF NOVEMBER 30, 1955 ENABLING DECREE (Ministry of public works, transportation and tourism. Decree No. 55-1590 of November 30, 1955 concerning codification of the laws concerning the civil and commercial aviation.1) The minister president, On the report of the keeper of the seals, minister of justice, the minister of public works, transportation and tourism, the minister of overseas France, the minister of the interior, the minister of finance and economic affairs, and the Secretary of State to the minister president, Considering Law No. 53-515 of May 28, 1953 concerning the procedure of codifying the Laws concerning the civil and commercial aviation; Considering the opinion of the superior commission charged with the study of a codification of the laws and regulations; Considering the legal provisions in effect concerning civil and commercial aviation; The Council of State (section of public works) having been heard, Decrees: Article 1. The legal provisions concerning civil and commercial aviation contained in the legal texts enumerated in the final provisions of the code shall be codified under the title: Code of Civil 2 1 Published in Journal officiel de la Republique Francaise, Dec. 6, 1955, p. 11815. 2 The comparative table of laws, decrees and ordinances codified in the following which appears on pp. 11835-11838 of the Journal Officiel of Dec. 6, 1955, is omitted. and Commercial Aviation, in accordance with the legal text attached to this decree. Article 2. The keeper of the seals, the minister of justice, the minister of public works, transportation and tourism, the minister of overseas France, the minister of the interior, and the minister of finance and economic affairs, shall be charged, so far as it concerns each of them, with the execution of this decree which shall be published in the Journal Officiel of the French Republic. TABLE OF CONTENTS BOOK I-AIRCRAFT Title I-Registration, Nationality and Ownership of Aircraft (Articles 1 to 16). Title II-Navigation of Aircraft: Chapter I-Right of Navigation (Articles 17 to 22). Chapter II-Landing (Articles 23 to 25). Chapter III-Regulation of Navigation of Aircraft (Articles 26 to 33). Title III-Damages and Liability (Articles 34 to 43). Title IV-Criminal Provisions (Articles 44 to 58). BOOK II-AIRPORTS Title I-Liens in the Interest of Air Flight (Articles 59 to 71). Abrogated by Decree No. 59-92 of January 3, 1959. Title II-Airports Open to Public Air Navigation: Chapter I. Establishment (Articles 72 to 82). Title III-The Airport of Paris (Articles 96 to 106). Title IV-The Airport of Basle-Mulhouse (Articles 107 to 108). Title V-Airports of General Interest Located Outside the Territory of Metropolitan France (Article 109). Title VI-Criminal Provisions (Articles 110 to 112). BOOK III-AIR TRANSPORTATION Title I-Transportation Contracts: Chapter I. Transportation of Goods (Articles 113 to 120). Title II-Air Carriers (Articles 127 to 136). Title III-The Compagnie Nationale Air France: Chapter I. Incorporation (Articles 137 and 138). BOOK IV-FLIGHT PERSONNEL Title I-Professional Flight Personnel: Chapter I. Categories (Articles 146 to 155). Chapter II. Aircraft Commander and Crew (Articles 156 to 161). Chapter III. Work Contracts (Articles 162 to 168). Chapter IV. Temporary and Permanent Disability (Articles 169 to 176). Chapter VI. Pensions (Articles 186 to 191). Chapter VII. Criminal Provisions (Articles 192 and 193). BOOK V-SPECIAL PROVISIONS FOR LIGHT AND SPORTS AIRCRAFT Articles 195 to 197. Final Provisions (Article 198). CODE OF CIVIL AND COMMERCIAL AVIATION BOOK I-AIRCRAFT Article 1. Aircraft in the meaning of this law shall be any contrivance capable of rising and circulating in the air. Article 2. Military aircraft and aircraft belonging to the State and used only in the public service shall be subject only to the rules concerning liability of the owner or the operator. Title I—Registration, Nationality, and Ownership of Aircraft Article 3. All aircraft must be registered in a register kept by the ministry in charge of civil and commercial aviation. It shall bear a name and an order number and the designation of the category to which it belongs. However, an order shall determine the categories of aircraft which need not be registered. Article 4. Aircraft registered in the French register shall have French nationality and must bear a visible sign of this nationality as provided by the regulations. Article 5. Aircraft may be registered in France only if it belongs to French nationals. A corporation may be registered as owner of an aircraft only if it has French nationality. Furthermore, in the case of an unincorporated association, all the associates or members, and in the case of a corporation, the chairman of the board, the president and at least two-thirds of the managing officers must be French nationals. Article 6. Aircraft registered in France shall lose French nationality if the conditions set forth in the preceding article are no longer fulfilled or if its owner registers it in a foreign country. Article 7. Aircraft registered abroad may be registered in France only upon proof that the foreign registration has been cancelled. Article 8. Legal relations among persons aboard foreign aircraft in flight shall be governed by the law of the home State of such aircraft whenever the law of the country overflown would normally govern. However, in the case of a crime or delict committed aboard a foreign aircraft, the French courts shall have jurisdiction if the person committing the crime or the victim is a French national or if the aircraft lands in France after the crime or delict. The courts of jurisdiction shall be those of the place where the aircraft lands in the case an arrest is made at the time of landing, and those of the place of arrest in the case where the person committing the violation is later arrested in France. Article 9. The register shall indicate the name and domicile of the owner of the aircraft, the category of the contrivance, its name and order number. The registration shall serve as title. Article 10. Aircraft shall be considered personal property as concerns application of the Civil Code. However, any assignment of ownership must be by written instrument and shall be without effect in regard to third persons unless registration has been made. 67717-61-27 Any change in ownership by death and any judgment changing, establishing or declaratory of ownership must be registered at the request of the new owner. Article 11. The register shall be public and anyone may obtain a certified copy thereof. Article 12. Aircraft may be mortaged. Any mortgage shall be registered in the register. The Law of July 5, 1917, as amended by the Law of July 19, 1934, concerning mortgages on water carriers shall apply to mortgages on aircraft, and the official in charge of the register shall be substituted for the marshal of the court of commerce in regard to application of this Law. Article 13. Seizure and judicial sales of an aircraft shall be made as provided by the Law of July 5, 1917, as amended by the Law of July 19, 1934, concerning the registration of river boats and mortgages on water carriers, but the transcript of the seizure proceedings shall be made in the registry. Articel 14. In the case of a seizure for infringement of a patent, design or model, the owner of a foreign aircraft or his representative may have the seizure lifted upon deposit of a bond the amount of which, failing an amicable agreement, shall be fixed without delay by the justice of the peace at the place of seizure. Article 15. When the owner of the aircraft is not domiciled in France or the aircraft has a foreign nationality, any creditor shall have the right of impounding with the permission of the justice of the peace of the county where the aircraft has landed. The judge in charge shall lift the seizure if the owner offers to deposit a bond equal to the amount of the debt claimed and he may order lifting of the seizure by fixing the amount of the bond to be furnished in the case of a dispute about the amount of the debt. Such bond shall be deposited at the office of deposits and consignments (caisse des dépôts et consignations). In the case of damage caused on the surface by the landing of a foreign aircraft or by one whose owner is domiciled abroad, and also in the case of a violation of this Law by a foreigner, all agents charged under Article 55 with the execution of Articles 1 to 58 and 114 to 126 of the present code, and in particular the mayor of the community where the landing takes place, may appeal to the public authorities in order to detain the aircraft for 48 hours so that the justice of the peace may go to the place in question and may decide on the amount of damages, which amount should include not only the damage caused but in the case of a violation, also the fines and costs. Article 16. The public authorities shall have the right to impound any French or foreign aircraft which does not comply with conditions provided for in this book before engaging in air circulation or the pilot of which has committed any violation. Title II-Navigation of Aircraft Chapter I-The Right of Circulation Article 17. Aircraft may freely engage in air navigation over the French Territory. However, aircraft of foreign nationality may not so circulate over the French Territory, unless this right has been granted to them by an international convention or they have received authorization to this effect which must be special and temporary. Article 18. The right of an aircraft to fly over private property shall not be exercised in a manner incompatible with the right of the proprietor. Article 19. The flight over certain areas of the French Territory may be prohibited by order for reasons of a military kind or of public safety. The location and the extent of such prohibited areas shall be especially indicated in the order. Any aircraft engaging in flight over such prohibited areas shall, upon observing it, give the prescribed signal and shall land on the nearest airport outside the prohibited area. When a territory has been declared in a state of siege and the flight over such territory is prohibited, any aircraft violating such prohibition shall be seized on landing at any designated point of the national territory and its occupants taken before the military courts on a charge of espionage, unless the aircraft commander can give valid reasons for his flight over said territory. When the aircraft is observed in flight, it shall, at the first summons by means of blank shots, land at the nearest airport. Upon the summons to land, the aircraft shall immediately slow down and descend to a low altitude, or it will be forced to do so. Article 20. Aircraft shall fly over a town or inhabited place only at such altitude that even in case of loss of propulsive power landing outside the inhabited place or on a public airport is possible. Article 21. Any so-called acrobatic flight which involves stunts that are perilous and useless for the movement of the aircraft is prohibited over any inhabited place or that part of an airport which is open to the public. Article 22. Stunts by any aircraft which represents a public show may take place only with the authorization of the Prefect after consultation with the mayor. If the event consists of a flight which involves several successive landings, such authorization shall be given by the Minister of the Interior. Chapter II-Landing Article 23. [Abrogated by Decree No. 59-92 of January 3, 1959, see infra.] Article 24. In the case of a landing on private property, the owner of such property may not prevent the departure or the removal of an aircraft which has not been ordered impounded, except in the case provided for in paragraph 3 of Article 15. Article 25. As provided in Article 78 of the Customs Code: 1) Aircraft on an international flight must, in crossing the border, follow the prescribed air route. 2) They may land only on customs airports. However, certain categories of aircraft may, because of the nature of their operation, be exempted by administrative authorization from landing on customs airports; in such case, the authorization shall prescribe the airport of arrival and departure, the air route to be followed and the signals to be given on passing the border. |