Примеры использования Assignee may на Английском языке и их переводы на Русский язык
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The assignee may not retain more than the value of its right in the receivable.
Under article 6, the assignor and the assignee may agree that a right is not transferred to the assignee. .
The assignee may not retain an amount in excess of its right in the receivable.”.
The implicit limitation is that the assignee may not retain more than the value of its receivable.
The assignee may not under this paragraph retain an amount in excess of its right in the receivable.
For this reason, many States provide that either the assignor or the assignee may notify the debtor and give instructions about how payment is to be made.
The earliest assignee may not assert priority if it acted in bad faith at the time of the conclusion of the contract of assignment.
The reason for this approach is the need to ensure that,if payment is made to the assignee even before notification, the assignee may retain the proceeds of payment.
As a result, any subsequent assignee may turn against the assignor for breach of representations.
Nonetheless, in order to prevent conflicting instructions from being given, it is normally the case that thereafter,only the assignee may direct the debtor as to the manner and place of payment.
For example, the assignor and the assignee may agree that no notification would be given to the debtor as long as the flow of payments is not interrupted.
Article 17, in particular, seems incompatible with domestic provisions of public policy which protect the consumer in the area of consumer credit and from which the assignee may not derogate even with the consent of the consumer.
For this reason, States usually provide that the assignor and assignee may agree to postpone notifying the debtor of the receivable that the assignment has occurred until some later time.
Nonetheless, in order to prevent conflicting instructions from being given, these States normally also provide that, once notice of the assignment has been given,only the assignee may direct the debtor as to the manner and place of payment.
Ineffective" means that the assignee may claim the original receivable and the debtor is not fully discharged by paying less than the value of the original receivable.
A new instruction is effective if given by the assignee, since the first instruction constitutes notification and after notification only the assignee may give a payment instruction see articles 15, paragraph 1 and 19, paragraph 2.
Nonetheless, there may be cases where the assignee may wish to appropriate the entire present value of a receivable that may be spread out in instalments due over several months.
The assignee, however, retains any remedies it might have against the assignor under the applicable law, if the modification is in breach of an agreement between the assignor andthe assignee e.g. the assignee may claim the balance of the original receivable and compensation for any additional damage suffered.
However, an assignee may not obtain priority over a prior assignment of which the assignee had knowledge at the time of conclusion of the contract of assignment to that assignee by notifying the debtor.
Without prejudice to the validity of the contract of assignment orto the rights of third parties, the assignor and the assignee may agree to subject the contract of assignment to a law other than that which previously governed it as a result of an earlier choice under this article or other provisions of this Convention.
Unless otherwise agreed between the assignor and the assignee, the assignor or the assignee or both may send the debtor notification of the assignment and request that payment be made to the person or to the address identified in the notification. However,after notification is received by the debtor only the assignee may notify the debtor and request that payment be made to another person or address.
Paragraph 3 is intended to preserve any right the assignee may have under other law as against the assignor if a modification of the original contract violates an agreement between the assignor and the assignee. .
In such assignments, the assignee may have the right to collect the full amount of the receivable owed, plus interest owed on the ground of contract or law, but has to account for and return to the assignor any balance remaining after payment of the assignee's claim.
As a result of article 7, which enshrines party autonomy,the assignor and the assignee may agree on the time when future receivables should be identifiable to the assignment, as long as they do not affect the rights of the debtor and other third parties.
It was agreed that the third alternative introduced an inappropriate limitation on any liability that the assignee might have under law applicable outside the draft Convention.
In all these cases, however, the rules adopted by many States are non-mandatory and, as a result,the assignor and assignee might provide for a different outcome in their agreement.
In this situation, the assignee might anticipate that reasonable modifications might be made in the ordinary course of business even after the assignment.
That suggestion was objected to on the grounds that the benefit derived from purging the public record outweighed the risk that assignees may lose their priority rights which the assignees could protect by renewing their registrations.
It was noted that the provision contained in paragraph(2) of old article 7 had been reformulated in broader terms to align paragraph(2) with draft article 16 and to avoid an interpretation a contrario of paragraph(2)that, apart from the country and the currency of payment, the assignee might change any other payment terms contained in the original contract.
In some cases, such as when the original contract governs a long-term relationship between the debtor and the creditor of the receivable, andthe relationship is of the sort that is frequently the subject of modification, the assignee might anticipate that reasonable modifications might be made in the ordinary course of business even after assignment.