Примеры использования Debtor should на Английском языке и их переводы на Русский язык
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One view was that the debtor should also be located in a Contracting State.
Mr. Franken(Germany) said that he agreed with the representative of Spain that a reference to the consent of the debtor should be included in article 17(2) b.
At the same time, the debtor should reflect in the accounting the replacement of the creditor Part 2 of Art.
Mr. Franken(Germany) said that he did not see why provisions to protect the debtor should cause difficulties for the factoring industry.
As a general principle, the debtor should be given notice of an application for provisional measures and an opportunity to challenge the application.
Mr. Fernandez stressed that enhanced communication between creditor and debtor should work to prevent the accumulation of external debt.
Rather, the debtor should be required to facilitate, or cooperate in, the recovery by the insolvency representative of assets located abroad.
The suggestion was also made that reference should be made to the time when the assignor or the debtor should be located in a State party to an international convention.
The potential debtor should be ready for subject discussion with the credit expert with can be financial consultants for your business.
After discussion, the Working Group decided that the law applicable to the rights andobligations of the assignee and the debtor should be the law governing the assigned receivable.
When the debtor is a consumer, the debtor should always be allowed to be discharged by paying the initial creditor.
It also mentioned the ancillary requirements imposed by some insolvency laws that touched on personal freedoms,such as the requirement that the debtor should not leave its habitual place of residence.
It was generally agreed that in such situations the debtor should be able to discharge its obligation by paying the person identified in the first notification.
The only limitation of deduction from the salary of alimony payer is the article 95 of the Law" On enforcement proceedings andthe status of bailiffs" under which the debtor should keep at least 50% of the salary or other income.
The discussion next focused on whether, in addition to the assignor, the debtor should have its place of business in a Contracting State for the draft Convention to apply.
It was stated that the debtor should be provided with an easy mechanism to discharge its obligation and could not be expected to find out who among several assignees of the same receivables was the rightful claimant.
Mr. CHOUKRI SBAI(Observer for Morocco)thought it was natural that the foreign assets and affairs of the debtor should not be subject to the jurisdiction of the enacting State.
One view was that the debtor should be discharged by payment to the last assignee, even if an assignment was invalid and the debtor knew of the invalidity.
One view was that,where the original contract referred to a specific place of payment, the debtor should not, without its consent, be deprived of its contractual right to pay at that place.
One view was that the debtor should assist the insolvency representative in drafting the list of creditors, as a significant aspect of its general duty to cooperate in the insolvency proceedings in respect of both liquidation and reorganization.
It was suggested that if the inability to pay was not imminent, the debtor should seek to resolve its position by informal negotiations, not by commencing formal proceedings.
The Working Group was generally agreed that, in order to avoid the possibility of the assignment resulting in a change of the legal regime under which the debtor undertook its original obligation,matters arising in the context of the relationship between the assignee and the debtor should be subjected to the law governing the receivable to which the assignment related.
Mr. AL-NASSER(Saudi Arabia)said that he shared the concern that a debtor should not be allowed to use exceptions in the Model Provisions to delay or escape his creditors.
The underlying rationale is that the debtor should be able to discharge its obligation as directed and should not concern itself with the private arrangements between the assignor and the assignee.
It was widely felt that, in casethe debtor received several notifications relating to a number of subsequent assignments, the debtor should be able to discharge its obligation by paying the person identified in the last notification received before payment.
Lastly, in paragraph(1), the requirement that the debtor should have assets in the enacting State was an insufficient restriction; it would be better to say that the debtor must have an establishment in the State.
It was stated that it was sufficient to protect the debtor in the case of doubt as to how the debtor should discharge its obligation if it received multiple notifications relating to subsequent assignments.
Creditors and debtors should share the responsibility to prevent and resolve unsustainable debt situations.
Kayipov argued that debtors should be given a chance to repay debt under the civil code instead of being incarcerated.
Member States, particularly persistent debtors, should continue to be urged at every opportunity to improve their payment record.