Legislator Case Law & Legislation
BS-1292/2012-SON ECLI:DK:SON:2022:BS0000002499 AI generated

Leasing company denied ownership of leased jet engines in bankrupt airline's aircraft due to lack of possession.

Case Number BS-1292/2012-SON
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the leasing company's claim to ownership of jet engines mounted on an aircraft belonging to a bankrupt airline. The leasing company argued that ownership transferred upon delivery, while the bankruptcy administrator contended that possession remained with the airline until the engines were removed. The court ruled that without actual physical control or possession, the leasing company could not establish the necessary conditions for property rights over the engines.

Legislator headnote

AI generated

Leasing Agreement; Possession Requirement: Ownership of leased movable property does not transfer to the lessor if the lessee retains actual possession and control of the item.

Keywords

AI generated
leasing agreement ownership possessory requirement property bankruptcy aircraft engines transfer of title movable lessor lessee rights
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Full text

Sager der vedrører, hvorvidt et leasingselskab har ejendomsret til leasede flymotorer, der er monteret i luftfartøjer ejet af flyselskab under konkurs.