Argentina (AR) — civil law.

Nothing on this page describes United States practice. There is no certificate sold to an investor, no administrative sale of land for unpaid tax, and no redemption window after a subasta judicial in Argentina. If you arrived carrying US assumptions, read falsos-amigos first.

Buying an aircraft at a subasta

An aircraft at auction is three separate bets, and the price must cover all three:

  1. The title bet. Will the court’s oficio give you a clean folio in the Registro Nacional de Aeronaves? Registered aeronautical privileges are extinguished by the venta judicial once the price pays the better-ranked ones (Código Aeronáutico art. 63 inc. 3). The hipoteca almost certainly falls too, but only if its holder was cited to the case (CCyC art. 2203, applied by analogy — needs_verification).
  2. The airworthiness bet. Can it fly again? The airworthiness certificate transfers with the aircraft (RAAC 21.179). It is effective only while maintenance has followed RAAC Parts 39, 43 and 91 and the aircraft is Argentine-registered (RAAC 21.181). The logbooks are the asset.
  3. The exit bet. Can you keep it, register it or take it abroad? An Argentine aircraft can only be owned by someone domiciled in Argentina or an Argentine company (CA art. 48). An aircraft brought in under temporary import carries customs exposure that follows commercial holders (Código Aduanero arts. 250, 970–971). A Cape Town international interest or an IDERA can let a foreign financier de-register and export it (Argentina a Contracting State since 1 August 2018).

The steps below run in auction order. The checklist at the end is the underwriting sheet. Reference: aeronaves, ley-17285-codigo-aeronautico, anac-registro-nacional-de-aeronaves.

Read the rest with a free account

The opening section is open to everyone. The procedure in detail — statutes, deadlines, who may bid, and what the record does not say — is behind a free account.

We ask for one because writing these from primary sources is slow work, and knowing who relies on it tells us which country to do next.

Create a free account Sign in