Примеры использования Creation of security rights на Английском языке и их переводы на Русский язык
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Issues pertaining to the creation of security rights.
The creation of security rights over movable property posed particular challenges.
Contractual limitations on the creation of security rights in receivables.
That is, because the existence of a security rights registry enables debtor-in-possession security, there is no need to relax the concept of possession to facilitate the creation of security rights.
She wondered whether the creation of security rights in shipping insurance contracts had been discussed when the United Nations Assignment Convention was being negotiated.
This approach is consistent, for example, with the United Nations Assignment Convention,which provides for the creation of security rights in future receivables without requiring any additional steps to be taken.
Another argument offered for not permitting the creation of security rights in future assets is that permitting it may significantly reduce the possibility that unsecured creditors of the grantor will obtain satisfaction for their claims.
In order to avoid any ambiguity as to that matter, article 2(a) covers it explicitly and creates the legal fiction that,for the purposes of the draft Convention, the creation of security rights in receivables is deemed to be a transfer.
The Model Law is also not intended to limit the creation of security rights where those rights would be made effective against third parties by their registration in a public registry.
It was widely felt that the draft Convention should cover outright assignments and assignments by way of security, as well as related transactions involving the transfer of receivables or the creation of security rights in receivables e.g., contractual subrogation and pledge of receivables.
However, and in contrast to the general approach taken to the creation of security rights in attachments, in most States a security right may not be created in items of tangible property after they have been commingled.
In some legal systems, only retention of title is subject to a specific regime, while transfer of title for security purposes from a borrower to a lender andthe assignment of receivables for security purposes are subject to the same rules governing the creation of security rights.
The difficulties now besetting the legal regime of securities and also the creation of security rights in them are due primarily to economic and technical developments that have occurred in recent times.
Some States undertake this necessary balancing not by including such limitations in the general legislation establishing the regime of security rights, butby elaborating specific rules setting out appropriate limitations on the creation of security rights in special legislation such as consumer-protection legislation.
While the Convention and the Protocol do not exclude the creation of security rights under national law, the international interest they create will usually give the creditor stronger rights than a purely domestic interest.
Besides general provisions on who can create and who can receive a security right, and general rules concerning the secured debts and the charged property,the EBRD Model Law on Secured Transactions covers other matters, such as the creation of security rights, the interests of third parties, enforcement of security and registration proceedings.
Nevertheless, codes in many States(including"civil law" States)have dealt with the creation of security rights in intangible property, at least in the case of receivables, by modifying the regime governing the creation of possessory pledges.
In that connection, it was recalled that the reference to the creation of security rights in receivables had been included in draft article 2 in order to reflect the Working Group's agreement that the mere creation of a security interest that did not involve a transfer should be covered by the draft Convention A/CN.9/445, para. 152.
According to general rules that in essence seem to be followed everywhere,proprietary dispositions over intangibles, that is, especially transfer of ownership and creation of security rights, are subject to special rules on assignment that deviate from corresponding rules on proprietary dispositions over tangible movables.
On the other hand,those protections should not unduly burden the creation of security rights in rights against third-party obligors, since security rights facilitate the extension of credit by the secured creditor to the grantor, and thus by the grantor to the third-party obligor. 2. Effect of a security right on the obligations of a third-party obligor.
States enacting the law recommended in the Guide may wish to consider reviewing their laws relating to intellectual property to determine whether the different concepts andrequirements with respect to the creation of security rights in intellectual property serve specific policy objectives of law relating to intellectual property and should be retained or whether they should be harmonized with the relevant concepts and requirements of the law recommended in the Guide.
On the other hand,those protections should not unduly burden the creation of security rights in rights against third-party obligors, since security rights facilitate the extension of credit by the secured creditor to the grantor, which may also redound to the benefit of the third-party obligor.
Those issues are organized into three broad categories:(a)issues pertaining to the creation of security rights;(b) issues pertaining to priority of security rights; and(c) issues pertaining to enforcement of security rights. .
In order to address both the transfer of title in the receivables and the creation of security rights in receivables, it was agreed that reference should be made in subparagraphs(a) and(b) to“the transfer of rights in receivables” rather than to the“transfer of receivables”.
For example, with regard to the creation of security right, the law recommended in the Guide simply requires an agreement concluded between the grantor and the secured creditor and sets out the minimum contents and the form of that security agreement see recommendation 13-15.
From a legal perspective,difficulties arise in connection with the fact that intellectual property laws usually focus on the transfer of ownership of those rights and do not contain specific rules on the creation of security interests in those rights. .
However, the observations made above(paras. 65-69 and 70-74)suggest that the insufficiencies of legal regimes are not limited to the creation and enforcement of security rights.
In still other States, under law relating to intellectual property,the registration system does not readily accommodate registration of documents or notices of security rights, and creation and third-party effectiveness of security rights must be achieved outside the intellectual property registration system.
In that connection, it was observed that the absence of a definite list of equipment to be covered created the concern that the creation of security and similar rights in“any uniquely identifiable object” might be covered.
However, registration will generally ensure that,once created, the security right has priority over the rights of another secured creditor that registers subsequently, regardless of the order of creation of the competing security rights see para. 26 above.