UNIVERSITY OF SAN CARLOS OF GUATEMALA.

OCCIDENTE UNIVERSITY CENTER

LEGAL AND SOCIAL SCIENCES DIVISION.
LAW CAREER AND NOTARIAL CAREER
TENTH SEMESTER
BUSINESS LAW II
LIC. TEODULO CIFUENTES

ISSUE:
PARALLEL TEXT

MARLEN ROXANA TZUL SABAN

SECTION A"
CARD: 201630923
 AERONAUTICAL POOL CONTRACT

CONTRACT

"It is an agreement of wills that generates rights and obligations for the contracting
parties and their assigns, but in addition to the agreement of wills, some contracts
require, for their perfection, other facts or acts of legal scope, such as making a
certain delivery." 1

LEGAL DEFINITION

The Civil Code, in its Article 1517, states: "There is a contract when two or
more people agree to create, modify or extinguish an obligation."

DOCTRINARY DEFINITION

The author Diego Espin Canovas points out: "Declaration or declarations of

private will aimed at achieving a practical goal that the legal system, either
alone or in conjunction with other requirements, recognizes as a basis for
producing certain legal consequences." 2

AERONAUTICAL LAW

It regulates, studies and develops the different regulations and laws applicable to
companies that offer air transportation services as well as the people who use this
service, as well as the creation of the rules that govern states in the field of air
navigation.

It is the set of principles and norms of Public and Private Law, of internal and
international order that govern the legal institutions and relationships born from or
modified by aeronautical activities.

AERONAUTICAL POOL CONTRACT

1
Ghersi, Carlos Alberto. Civil and commercial contracts. P. 103
2
Espin Canovas, Diego, Ob cit. P. 415.
DEFINITION : It is an atypical commercial contract by which two entities
dedicated to air traffic that operate the same or different routes exchange
shares to participate in the profits and losses of each one and to organize
the air traffic routes that they operate.

This is the agreement of wills between two or more aviation companies,

through which they decide to jointly exploit one or more air routes, form part
of the aforementioned common fund and subsequently participate in the
economic results of said exploitation. This contract is carried out by the
companies, generally in written form, although the doctrine does not require
that it be strictly carried out in that form.

In itself, we can say that it is the agreement of wills embodied in a contract,

concluded between two or more aviation companies, intended for the joint
export of one or more routes, forming a common fund with the result of said
exploitation and reciprocally participating. to be fund in the agreed manner
and conditions.

PURPOSE: Its purpose is to create, modify, transfer, preserve or demand

rights and obligations, which arise from the needs of companies to
collaborate with each other, participating in their mutual benefits, in order to
achieve greater economic development and increase their profits.

FUNCTION: Exchange of shares between companies agreeing on profits,

losses or both.

ITEMS:

Personal : entities dedicated to the operation of air traffic. And the

passengers.

Real: air traffic distribution actions.

Formal : freedom of form

CHARACTERISTICS
 1. Commercial : Well, enter the field of commercial relations.
2. Consensual : that is, it is perfected with the simple consent or
agreement of wills of both contracting parties, even before
beginning to operate.
3. Non-Formal : not solemn, it does not require certain formalities
for its validity.
4. Bilateral or Multilateral : since two or more contracting parties
participate in it.
5. For Onerous Title : there is always a benefit or remuneration in
exchange.
6. Commutative : the parties are aware from the moment the
contract is concluded the scope of its benefits.
7. Main : because it does not depend on anyone else.
8. Unnamed: it is not contemplated in our legislation.
9. Mixed or Complex: in the understanding that it contains its own
elements, from different specific contracts that make it an atypical
or unnamed contract.
10. Atypical: That is, one that goes beyond the general lines of the
figures commonly collected by the legislator and raises the
transcendental problem of determining its legal nature and the
applicable legal regime, and must be governed, first of all, by the
most contractual types. related, secondly by the general rules of
law always, it is clear that the will of the parties does not authorize
other interpretations

REQUIREMENTS FOR AN AERONAUTICAL POOL CONTRACT

This contract is carried out by the companies, generally in written form, although
the doctrine does not require that it be strictly carried out in that form.

Now, the Aeronautical Pool contract, if it is celebrated in a country other than

Guatemala, will be made in a document that meets the requirements of the
legislation in accordance with articles 1574, 1575, 1576 of the Civil Code and 671
of the Commercial Code. be celebrated in writing and in a public deed.

Consequently, when celebrating a contract of this nature in our country, it will be

necessary to go before a notary to celebrate it in a Public Deed, and the following
requirements must be observed:

1. Express the duration of the contract.

2. Establish the field of action.

3. The partition of each of the companies.

4. The participation of the economic results at the end of the contract

5. The intrinsic conditions of the same, including in this clause the effects in
case of non-compliance, subjection to the laws of the Apis, the applicable
jurisdiction and competence, submission to a specific jurisdiction, default and all
those specific conditions of a contract of heritage character.

6. Finally the acceptance of the contract.

LEGAL FRAMEWORK OF THE AERONAUTICAL POOL CONTRACT

INTERNAL REGULATION: In our legislation, the aeronautical pool contract

is not specifically regulated in any legal text, nor is there any mention of it.
By analogy, by virtue of the fact that there is no legal regulation in this
regard, in order for an aeronautical pool contract to be granted or celebrated
in Guatemala, the rules contained in articles 52, 53, 54, 55, 56, 57 will have
to be applied. , 72, 73 and 74 of the Civil Aviation Law, which must be
interpreted and applied in its broadest sense to be able to enter into
agreements that involve pooling, connection, consolidation or fusion of
services or businesses, since those articles regulate matters relating to air
service contracts to be able to establish an air carrier, as well as to operate
a certain route, must consequently, in the absence of an express rule,
regulate the extent to which this type of contract can be concluded.
 INTERNATIONAL REGULATION : At the international level, the Chicago
Convention of 1944, with respect to the acceding States, establishes some
rules relating to joint air services which are found in articles 77, 78, 79, 81,
83 of the Chicago Convention. . This convention is important because the
aeronautical pool contract can be the first step that leads its participants to
the creation of an entity of greater scope, such as an international public
consortium, that regulates legal relations in the field of aviation.

CREATION AND OPERATION OF THE AERONATIC POOL: When two or more

aviation companies decide to enter into an Aeronautical Pool contract, the following
steps must be observed.

1. AVIATION COMPANIES. They are the companies that provide air

transportation services for people, cargo and flights between two or more
specific points and from different places and that are in a position to enter
into a business relationship contract such as this contract, either to avoid
competition or increase profits
2. ESTABLISHED ROUTES: every aviation company operates one or more
routes to develop air transport activity.
3. TEAM: each of the aviation companies has a human and material team with
which it fully meets its objectives.

EXAMPLE OF A PUBLIC DEED OF AN AERONUTIC POOL CONTRACT

NUMBER ONE (1).- In the city of Quetzaltenango, on the tenth day of the
month of August of the year two thousand and twenty, before my Darlín
Betzabe Reyes Tzul, Notary in Practice, Messrs. Cristian Pablo Cano Ruiz,
Legal Representative of the company, appears managing of aviation: Safe
Travel, who is twenty-three years of age, single, Guatemalan, with a
Personal Identification Document registered under the Unique
Identification Code number two thousand five hundred space seventy-four
thousand two hundred space one thousand three hundred eleven, issued by
the National Registry of the People of the Republic of Guatemala,
domiciled in Quetzaltenango and on the other hand Mr.: Dylan Esaú
Figueroa Ruiz, Legal Representative of the Sin Fronteras airline
consortium, who is thirty years old, married, Guatemalan, with Personal
Document of Identification number two thousand four hundred two space
seventy-eight thousand four hundred twelve space one thousand three
hundred one, issued by the Civil Registry of Persons of the Republic of
Mexico, with domicile in the city of Mexico Federal District, the
appearing parties come to sign CONTRACT OF AERONAUTICAL POOL , governed
by the following clauses: FIRST : Place. The Aerolíneas sin Fronteras
consortium will carry out its functions in the premises or place that the
Aeronáutica Viaje Seguro company determines. Any modification of the
flight location, or any that means a change of city. SECOND : Functions.
Aeronáutica Viaje Seguro and the Sin Fronteras airlines consortium will
operate the two routes indicated later. THIRD: Work elements. It is up to
Aeronáutica Viaje Seguro to supply the necessary elements for the normal
performance of the functions of aircraft for transporting passengers.
FOURTH: Obligations of the contracted party. Both airlines will provide
their air transportation services with fidelity and delivery, duly
complying with the orders and instructions stipulated in this contract or
their representatives, as well as not working on their own account, while
this contract is in force. FIFTH: Term of the contract. This contract
will have a term of fifteen years, but may be terminated by any of the
parties, complying with the legal requirements in this regard. SIXTH :
bases of the contract: The routes of the two air navigation companies
will be from the City of the Federal District of Mexico, to the capital
city of Guatemala and vice versa. At six thirty in the morning, twelve at
noon, and eight at night, the itineraries and rates to be applied will be
paid in the legal currency of each contracting country. EIGHTH : Payment
of workers of each airline. They will be charged in current currency,
payable at the airport offices of each country, on the first day of each
month. This payment includes remuneration for Sunday breaks, holidays,
overtime and other benefits. NINTH : Object of the contract: both state
that, without contributing any assets, they will mutually participate in
the profits and losses; and that from the same they create a legal
relationship of a patrimonial nature, that is, they will participate in
the economic results and profits of both air navigation companies.
TENTH : Schedule. Both airlines undertake to respect the stipulated
routes and schedules and to work the ordinary shift in the shifts and
within the hours indicated by this contract, being able to make
adjustments or changes to the schedule when deemed appropriate.
ELEVENTH : Affiliation and insurance payment. It is the obligation of
both airlines to affiliate their workers with respect to health, pension
and air risks, in case of accidents. TWELFTH : Extension. If the notice
not to extend the contract is not given or is given less than thirty (30)
days in advance, the contract is extended for a period equal to the
initial period, provided that the causes that originated it and the
subject matter of the service subsist. . THIRTEENTH: Modifications. Any
modification to this contract must be made in writing and attached to
this document. FOURTEENTH : Effects. This contract replaces and renders
void any other verbal or written contract that may have been previously
concluded between the parties. Based on the Guatemalan Civil Aviation
Law, it is ordered to go to the judicial body through the Ministry of
Communications and Public Works for authorization. There is nothing more
to record. Signed by the legal representatives of each aeronautical
company, on August 10, 2020, in the city of Guatemala, Central America.
Safe Travel Airline Cristian Pablo Cano Ruiz Legal representative:
Consortium of airlines without borders Dylan Esaú Figueroa Ruiz Legal
representative. Lawyer and Notary.
 BIBLIOGRAPHY

1. THESIS OF THE FACULTY OF LEGAL AND SOCIAL SCIENCES OF

KEYLA MARITZA CRUZ PADILLA APRIL 2012

2. HTTPS://FDOCUMENTS.CO/DOCUMENT/RESUMEN-CONTRATO-
UNDERWRITING.HTML

3. HTTP://BIBLIOTECA.OJ.GOB.GT/DIGITALES/43181.PDF