The Legal Core of an Aircraft Lease
Aircraft leasing is one of the foundational instruments of the aviation business: an airline rents an aircraft or helicopter from its owner to expand or flexibly adjust its fleet, which frees capital compared with outright purchase. The Civil Code of Georgia regulates this agreement through the general norms of lease: Article 531 defines the concept of lease, Article 532 the requirement to hand over the thing in good condition and to maintain it, Article 549 the lessor's consent to a sublease, and Article 564 the manner of returning the thing upon termination of the agreement.
These four norms form the legal frame into which every aviation lease project fits: what obligations arise for the lessor and the lessee, how the aircraft is delivered and in what condition it goes back. Charter (transport) agreements belong to a different institution and are not the subject of this page — here only the lease relationship is discussed.
The Concept of the Agreement and the Parties' Core Obligations
Under a lease agreement the lessor must transfer the thing into the use of the lessee for a definite term, and the lessee must pay the agreed rent (Article 531). For an aircraft this means that the agreement must define the term and the manner of paying rent, while questions connected with the registration of the aircraft, its insurance and technical maintenance are distributed by the parties' agreement — the law does not regulate these details, and their precise allocation is a matter for the contract.
Delivery of the Aircraft and Maintenance of Good Condition
One of the lessor's central obligations is to hand over the leased thing to the lessee in a condition fit for the use contemplated by the agreement, and to maintain that condition throughout the entire period of the lease (Article 532). In the aviation context this norm acquires special weight: for an aircraft, "fit condition" implies safety standards and proper technical condition, and since the obligation covers the whole period of the lease, the parties must precisely allocate in the agreement who performs technical maintenance, who conducts mandatory checks, and how this is reflected in the structure of the rent.
Sublease — Only with Consent
The lessee has no right to transfer the leased thing to a third person (sublease) without the consent of the lessor; the members of the lessee's family are not considered third persons (Article 549). In the aviation business this rule means in practice that transferring an aircraft taken under lease to another operator — for instance to another airline of the group — is impermissible without the prior consent of the lessor (often a leasing company or a bank). When planning a sublease, the consent must therefore be documented clearly and in good time.
Termination and Return of the Aircraft
Upon termination of the lease agreement the lessee must return the thing to the lessor in the condition in which it was received, taking normal wear into account, or in the condition defined by the agreement (Article 564). The return of an aircraft is a formally described procedure: the parties jointly inspect the technical condition and record an act of description and the limits of normal wear. An undocumented condition becomes a ground of dispute after the end of the agreement, when restoring evidence is harder — which is why acceptance and return acts and photographic fixation should be planned from the very start of the project.
In practical planning three documentary points decisively reduce risk: an acceptance act fixing the aircraft's condition against fitness criteria at the moment of delivery; a separate instrument of the lessor's consent to the sublease, defining precisely the scope of what is permitted; and a return protocol describing normal wear. Since the obligation to maintain good condition spans the entire lease, its daily execution — repairs, checks, insurance — must be clearly allocated between the parties, otherwise the dispute will arise exactly over that substitution.
Frequently Asked Questions
How does a lease differ from a charter?
Under a lease agreement the lessor transfers the thing into use for a definite term in exchange for the agreed rent; transport agreements are a different contract governed by different norms.
Can an aircraft taken under lease be transferred to another operator?
Only with the consent of the lessor — otherwise the sublease is impermissible; the consent must be documented.
Whose obligation is the airworthy condition?
The lessor must deliver the thing in good condition and maintain that condition throughout the lease; the precise allocation of technical maintenance is defined by the agreement.
In what condition is the aircraft returned?
In the condition in which it was received, taking normal wear into account, or in the condition defined by the agreement.
How We Help on Legal.ge
An aircraft lease agreement is a high-value and technically complex transaction in which every term — duration, rent, condition, the right to sublease — fixes the parties' positions. On the Legal.ge platform you can find an experienced aviation and contract law lawyer who will help you prepare the draft agreement, plan the delivery and return procedures and defend your interests in a dispute. Choose a specialist and carry out your lease project with full legal support.