Примеры использования Draft guide should на Английском языке и их переводы на Русский язык
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A draft Guide should be submitted to Governments as soon as possible for comment.
In view of the importance of this type of financing, the draft guide should address it.
The draft Guide should indicate that article 14, paragraph 5, by its own force, did not apply to such areas of law.
Substantive issues dealt with in the draft Guide should be discussed in detail in the Working Group.
The draft guide should address policy issues, since it was impossible to adopt legislation without policy decisions.
Work on the annex should proceed as rapidly as possible and the draft Guide should contain a specific reference thereto.
Thus, while the draft Guide should express a view, the commentary could forcefully put forward the alternatives.
Such an annex should be submitted for adoption as soon as possible and the draft Guide should contain an explicit reference thereto.
It was suggested that the draft Guide should explain in more detail the meaning of"endorsement" in article 7, paragraph 2 a.
With respect to structure, it was thought that the first part of the draft Guide should contain more detailed information as to the purpose of the Model Law.
Accordingly, the draft Guide should clarify that it was for the court to assess the reasons for failure to act by the insolvency representative.
Mr. Macdonald(Canada) said that the key question was the extent to which the draft Guide should go beyond secured transactions law and address general conflict-of-law rules.
In particular, the draft Guide should provide a tool for interpretation of the Model Law by courts, public authorities and users of electronic data interchange(EDI) applying the Model Law.
At its eleventh session, Working Group IV(Security Interests) agreed that the draft Guide should cover security rights in directly held securities see A/CN.9/617, paras. 14-16.
More specifically, the draft Guide should reflect the fact that different liability regimes would apply depending upon whether fraudulent or negligent conduct was implicated.
In the context of the discussion of paragraphs 34 and 35, the view was expressed that the first part of the draft Guide should contain an indication that the Model Law was not intended to restate any existing body of substantive law.
It was stated that the draft Guide should clearly indicate that the Model Law was not intended to encourage implementing States to limit the applicability of the Model Law to international cases.
Mr. Zanker(Observer for Australia),expressing support for the views of the representative of Singapore, drew attention to paragraph 30 of document A/CN.9/XXXV/CRP.1/Add.2, which stated that the draft Guide should contain a clear recommendation to conciliators that they should inform the parties that information communicated to a conciliator might be revealed unless the conciliator was specifically instructed otherwise.
The flexibility which the draft guide should provide with the respect to acquisition financing rights(chapter XII), in particular retention of title,should be re-examined, given their special character.
The commentary explains that a State enacting secured transactions legislation in accordance with the draft guide should consider whether it might be appropriate to adjust certain of the recommendations as they apply to security rights in intellectual property.
The draft Guide should avoid any implication that successful regimes might therefore prove dysfunctional and should seek instead to analyse the reasons for their success so that other States could make judgements regarding the approach that suited them best.
However, it was also thought that the draft Guide should be so drafted that other audiences could benefit from it.
The law recommended in the draft guide should provide that it applies to"all types of movable property and attachment, tangible or intangible, present or future, including inventory, equipment and other goods, contractual and non-contractual receivables, contractual non-monetary obligations, negotiable instruments, negotiable documents, rights to payment of funds credited to a bank account, proceeds under an independent undertaking and intellectual property rights" see A/CN.9/631, recommendation 2, subpara. a.
Speaking on behalfof the Mexican delegation, he recalled the suggestion by that delegation that the draft Guide should refer to the possibility of national legislatures dealing with the question as part of their legislation concerning the judiciary.
It was also felt that the draft Guide should contain appropriate explanations regarding the definition of"EDI" under the Model Law.
The Working Group agreed that the draft guide should include recommendations to address the rights of appeal of the debtor.
The view was expressed that the draft Guide should address the question of the remuneration of the insolvency representative.
It was generally felt that the draft Guide should further explain the reasons why article 14 had been introduced into the Model Law.
It was also stated that the draft Guide should express clear recommendations rather than focus merely on the description of existing practices.
The view was stated that the draft Guide should emphasize the importance of an adequate judicial infrastructure in order to facilitate the stay.