Примеры использования Draft model law should на Английском языке и их переводы на Русский язык
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The draft Model Law should respect the right of the parties to make such private agreements.
The Commission considered that the draft Model Law should be drafted to control that risk.
The draft Model Law should not ignore a practice that is accepted as a good practice in many countries.
In addition, it was stated that the scope of the draft Model Law should include all economically valuable assets.
Mr. PHUA(Singapore) said that, in line with the remarks made by the United States representative, the carefully elaborated draft Model Law should not be changed.
It was also observed that, in any case, the draft Model Law should supplement, and not replace, the Secured Transactions Guide.
While support was expressed for that suggestion,it was stated that article 30 dealt with advance registration and that the draft Model Law should be read as a whole.
It had been agreed that the draft Model Law should be simple, short and concise and should focus on core commercial assets.
After discussion, the Working Group decided that the section concerning the history of the draft Model Law should be maintained in its current form.
It was also pointed out that the draft Model Law should be sufficiently flexible to accommodate differences among the various legal traditions.
With respect to article 12,it was agreed that there was no need to refer to article 78(providing that the depositary bank did not need to recognize the secured creditor), as the draft Model Law should be read as a whole.
His delegation had proposed at the previous meeting that the draft Model Law should focus on economically valuable assets.
It was stated that the draft Model Law should include a clear provision on the legal consequence of the failure of the parties to put their agreement in writing.
The sentence might read:"It was stated that the scope of the draft Model Law should include all economically valuable assets.
It was further agreed that the draft Model Law should instead state that the references to"secured obligation" were not applicable to outright transfers of receivables.
Moreover, it was agreed that, within the parameters set out by the recommendations of the Secured Transactions Guide, the draft Model Law should be sufficiently flexible to accommodate approaches taken in various jurisdictions.
It had been agreed that the draft model law should also address security rights in non-intermediated securities, such as shares of subsidiaries held directly by the parent company.
After discussion, the Working Group decided to make a recommendation to the Commission that the draft Model Law should address security rights in non-intermediated securities along the lines mentioned above.
The Working Group agreed that the draft Model Law should provide for both electronic equivalents of paper-based transferable documents or instruments and for transferable records that existed only in an electronic environment.
In the discussion, with respect to the definition of the term"knowledge",it was agreed that it should be recast as a rule of interpretation or deleted and the draft Model Law should refer to actual knowledge.
Another view was that article 29(5)(e) of the draft Model Law should be removed since it was contrary to the objectives of the revised Model Law. .
Mr. Bazinas(Secretariat) reiterated his suggestion that the following sentence should be inserted at the end of the second paragraph:"It was also stated that the scope of the draft Model Law should be broad and cover all economically valuable assets.
With respect to subparagraph 3(d),it was stated that the draft Model Law should not exclude intermediated securities that were the core assets in financial markets.
Recalling its decision to include only the unitary approach in the draft Model Law(see para. 96 above), the Working Group agreed that article 3, paragraph 2, andother articles of the draft Model Law should not make any reference to the terminology used in the non-unitary approach.
Thus, the Commission may wish to consider that the draft Model Law should include provisions on security rights in non-intermediated securities and refer that matter to the Working Group.
It was indicated that reference to the intention to present the electronic transferable record was not needed in the draft article since the draft Model Law should not refer to the will of the parties, which was relevant for substantive law. .
After discussion, it was agreed that all provisions of the draft Model Law should be reviewed to determine whether they were appropriately formulated or should be revised to apply to outright transfers of receivables.
It was suggested that the draft Model Law should not exclude from its scope those records that existed only in an electronic environment, which performed the same functions as or similar functions to a paper-based transferable document or instrument.
It was generally felt that the sentence was no longer appropriate, in particular in view of the Commission's decision with respect to paragraph(3) of the present article,namely, that the draft Model Law should enable the procuring entity to stipulate in the solicitation documents that withdrawal or modification of the tender after submission of tenders would be subject to forfeiture of the tender security.
Another view was that the draft Model Law should generally follow the structure of the Secured Transactions Guide and any adjustments that would need to be made should be considered at the time each particular chapter or section of the draft Model Law would be discussed.