Примеры использования Case of an assignment на Английском языке и их переводы на Русский язык
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In the case of an assignment of a contractual right, the current provision would be correct.
Also desiring to ensure the adequate protection of the interests of the debtor in the case of an assignment of receivables.
In the case of an assignment of its right to request any other person the applicant shall submit an application to Kyrgyzpatent for recordation of change in applicant.
Moral rights of the author, regardless of his property rights and retain them in case of an assignment of exclusive rights to use the work.
However, in the case of an assignment of undivided interests in receivables, the undivided interest in the security, rather than the security itself, should be transferred.
Mr. Sigman(United States of America) said that the element of competition was also absent in the case of an assignment, which required the consent of the seller.
In the case of an assignment of more than one receivable by more than one assignor, the assignment is international if any assignor and the assignee are located in different States.
They are often articulated by means of a requirement for specificity,which may not be possible in the case of an assignment of future receivables or a bulk assignment.
In the case of an assignment of more than one receivable to more than one assignee, the assignment is international if the assignor and any assignee are located in different States.
In the discussion, the view was expressed that the Working Group might consider establishing rules dealing with order of priority among several assignees of the same receivables by the same assignor in the case of an assignment by way of security.
As a result, it was noted, in the case of an assignment of future receivables, the assignor and the assignee would not know at the time of assignment whether the draft Convention would apply.
This law is the law chosen by the parties and,in the absence of a choice, the law of the country with which the contract is most closely connected i.e. in the case of an outright assignment, the assignor's country, and, in the case of an assignment by way of security, the assignee's country see arts. 3, 4.2 and 4.5 of the Rome Convention.
The prevailing view, however, was that, in case of an assignment made in breach of an anti-assignment clause, the debtor could claim damages only from the assignor and not from the assignee.
His delegation hoped that the work would be finished in time for the draft convention to be submitted for adoption at the fifty-sixth session of the General Assembly,since it would provide the necessary protection for debtors in the case of an assignment of receivables, as well as extending the availability of capital and credit at more affordable rates, thus facilitating the development of international trade.
In the case of an assignment by the initial or any other assignee("subsequent assignment"), the person who makes that assignment is the assignor and the person to whom that assignment is made is the assignee.
In the case of more than one receivable owed to more than one creditor, the receivable is international if any assignor andthe debtor are located in different States. In the case of an assignment of more than one receivable owed by more than one debtor, only that receivable is international in which the assignor and the debtor are located in different States.”.
The law should provide that, in the case of an assignment of the secured obligation, the notice may be amended to indicate the name of the new secured creditor but the unamended notice remains effective.
Mr. Suk Kwang-hyun(Observer for the Republic of Korea) said it had initially been his understanding,on the basis of his previous experience of common-law countries, that in the case of an assignment of a contractual right to payment the assignee would have a direct claim or right against the debtor, whereas in the case of an assignment of undivided interests, the assignee might not have that right.
It was also noted that, in the case of an assignment, such an agreement would in effect result in the security right being extinguished if an accessory right was involved, or, in the right being not assignable, if an independent right was involved.
In addition, it was observed that, under the proposed combination of paragraph 5 andthe proposed paragraph 5 bis, in the case of an assignment from A to B, from B to C and from C to D, if only B gave notification, the debtor would be discharged by paying B; and if D gave notification but not B or C, the debtor would be discharged by paying in accordance with the original contract.
In the case of an assignment of more than one receivable by more than one assignor, this Convention applies if any assignor is located in a Contracting State. In the case of an assignment of more than one receivable owed by more than one debtor, this Convention does not affect the rights and obligations of any debtor unless that debtor is located in a Contracting State or the law governing the receivable owed by that debtor is the law of a Contracting State.
It was generally agreed that, in the case of an assignment connected with one State only(e.g. a domestic assignment), a choice of the law of another State by the assignor and the assignee should not prejudice the application of mandatory rules of the law of the State with which the assignment was connected.
One concern was that, in the case of an assignment of the same receivables by the head office and by a branch in another country, application of the bracketed language would result in priority between competing assignments of the same receivables from the same assignor being governed by the laws of two States.
It was noted that in the case of an initial assignment, under draft article 18, paragraph(2), the debtor could discharge its obligation by paying the person identified in the first notification even if the initial assignment was invalid; and that, if in doubt as to the validity of an assignment, the debtor may, under draft article 18, paragraph(4), pay the assignor and be discharged.
It was stated that another way of dealing with the matter was to allow the debtor to discharge its obligation by paying the assignor in case an assignment was made in violation of an anti-assignment clause.
The assignment of a receivable payable upon termination("close-out")of a netting arrangement is not excluded either, since, in the case of such an assignment, there is no risk of upsetting the mutuality of obligations see also articles 11, paragraph 3(d) and 12, paragraph 4 d.
However, in the case of a conflict between an assignment by a branch office and a duplicate assignment of the same receivables by the head office, different laws may apply.
Additional responsibilities imposed on certain shareholder of a company in case of assignment of his share(part of share) shall not be transferred to transferee of share part of share.
Also, the Law clarifies that a bank is allowed to disclose information which constitutes banking secrecy in case of assignment of the bank's rights of claim under agreements with its clients.
Mr. Riffard(France) said that it was important to determine what law was applicable to the transfer of a security right in the case of assignment of the receivable to which the security right was attached.