Abstract
In Philko Aviation, Inc. v. Shacket, the United States Supreme Court determined the extent to which section 503 of the Federal Aviation Act ("Act") preempts state law regarding possession and priority in aircraft transactions. The Supreme Court held that the Act requires every aircraft transfer to be evidenced by a written instrument, and every such instrument must be federally recorded before the rights of an innocent third party can be affected. Any state law that would allow an undocumented or unrecorded transferee of an aircraft to obtain title against an innocent third party is preempted by the federal statute.
Recommended Citation
Lackermann, William M.
(1985)
"Philko Aviation, Inc. v. Shacket: UCC Control of
Aircraft Financing Erroneously Shot Down by the
Supreme Court,"
Utah Law Review: Vol. 1985:
No.
2, Article 8.
Available at:
https://dc.law.utah.edu/ulr/vol1985/iss2/8