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Legal Opinions and Title Insurance Mitigate Risk Under The Cape Town Convention

By David G. Mayer and Frank L. Polk
November 02, 2005

Last month's newsletter contained an article on The Cape Town Convention on International Interests in Mobile Equipment (“Cape Town” or “CT”) and the related Aircraft Protocol (“Protocol” and together with CT, “the Treaty”) www.unidroit.org/english/conventions/mobile-equipment/main.htm) The Treaty is expected to raise many questions and present new risks before and after its expected effective date early in 2006.

How do you answer these questions and prepare for the day the Treaty becomes effective? What options are available to a diligent and responsible lender, seller, buyer, lessor or lessee? How does one answer many of the questions posed in the October newsletter article? Two potential solutions lie in obtaining quality legal opinions and/or title insurance covering Cape Town risks.

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