This study addressed the provisions of the provisional attachment on the aircrafts in light of the Jordanian Legislator having laid down the special provisions for the provisional attachment to be imposed by the Civil Aviation Law.
Leaving this issue to the Civil Procedures Law rules except its exemption of specific aircrafts from being exposed to the provisional attachment which makes most of the aircrafts invalid for the provisional attachment, which acted against the purpose of imposing the provisional attachment.
Because of the importance of the aircraft from the economic side in the air navigation and the air transport facility, there should be provisions enacted to achieve the balance between the interests of the party which demands the attachment and the attached and the aviation transport facility.
This study showed which aircrafts are subject to the provisional attachment, also showed the conditions that should be satisfied in order to provisionally attach them, and the specific procedures for the attachment commencing from determining the competent party to impose the attachment reaching up to the manner of its imposing and the cases in which such attachment shall be released.
The study concluded with a set of results, the most prominent is that the provisional attachment shall not be adequately applied to aircraft because of the latter's specialty and entity.
From this, the study recommended the Jordanian legislator the necessity to put forward specific legal regulation related to the provisional attachment on the aircraft.