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  #1  
Old 25th July 2011, 13:41
gilles collaveri gilles collaveri is offline
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legal question: ownership of a component from a WWII RAF aircraft

Good morning to our in house legal advisers,

here is a simple question :

who is the owner a component from a WWII RAF aircraft, such as an engine, a wing, etc.. that I would find somewhere in France (in a lake, in a forest, a field whatever..) ?

Do the RAF as a right to claim it ?

I have in mind that this is the case for USAF hardware, but is it the same for RAF stuff ?

is there any juridiction on similar cases for RAF machines ?

Thanks in advance for your nice answers to this boring question.

Cheers

GC
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Old 25th July 2011, 14:19
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Re: legal question: ownership of a component from a WWII RAF aircraft

There is International rules regarding to wreck in fresh water and salt water. For a year I hear that many of the wreck was subject of scraping for souvenir. In general this machines are written off but again you have to contact officials for approval to do anything with them. Important to notice is if the wreck contain war ordnance or it is grave (grave should not be touch and this is more ethical matter).

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  #3  
Old 25th July 2011, 19:24
gilles collaveri gilles collaveri is offline
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Re: legal question: ownership of a component from a WWII RAF aircraft

hi Pilot,

please let me make you comfortable:

- we fully & totally & completely agree that ethical rules must be followed, such as the respect of any possible human remains ;

- also ensure the non presence of ammunition or shells or whatever explosives;

- our approach is NOT AT ALL aiming at bringing back souvenirs, but our goal is to work (i) within the frame of official associations and museums (ii) with the target to keep alive the memory of the crews and their aircraft.

- we speak about just a component today, not an aircraft;

conclusion : Fully agree with you: no looting, but official preservation.

So, by the way, what about the property of component of RAF Aircraft on the French soil??

Thanks;

GC
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Old 25th July 2011, 20:08
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CJE CJE is offline
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My two cents is that the French law fully applies, wherever the wreck comes from.
Military material is considered as the property of the French Army, no matter how old and disabled it is.
Further inquiry by the RAF or whoever to get the wreck back should be discussed at the upper level of the respective ministries.
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Old 25th July 2011, 21:17
gilles collaveri gilles collaveri is offline
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Re: legal question: ownership of a component from a WWII RAF aircraft

I bet you 're right,

but let's wait for more inputs from other people here.

thanks for comment, CJE.

GC
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Old 26th July 2011, 01:23
alieneyes1 alieneyes1 is offline
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Re: legal question: ownership of a component from a WWII RAF aircraft

Quote:
Originally Posted by gilles collaveri View Post

Do the RAF as a right to claim it ?
I would think once the aircraft was SOC (Struck off Charge) they no longer do.

Just an opinion.

Dave
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  #7  
Old 26th July 2011, 07:20
gilles collaveri gilles collaveri is offline
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Re: legal question: ownership of a component from a WWII RAF aircraft

thanks Dave

GC
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Old 26th July 2011, 11:39
Graham Boak Graham Boak is online now
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Re: legal question: ownership of a component from a WWII RAF aircraft

A number of the current (and future) warbirds are "rebuilds" from wrecks, sometimes including only a very small proportion of the original. It seems clear that the RAF/Air Ministry/Ministry of Defence do not retain property rights over such finds, or at least are willing to waive such rights. I don't recall any such concerns being mentioned in the rebuild stories I've read.

This would not override the French law, or indeed any other national arrangements.
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Old 26th July 2011, 21:05
gilles collaveri gilles collaveri is offline
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Re: legal question: ownership of a component from a WWII RAF aircraft

Thanks Graham.

Cheers

GC
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