Примеры использования Law of the location на Английском языке и их переводы на Русский язык
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General rule: law of the location of the grantor.
General rule: law of the location of the encumbered asset lex situs or lex rei sitae.
If registration had no bearing on priority issues, the law of the location of the assignor would apply.
The law of the location of the document(and not of the goods covered thereby) would then govern the pledge.
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In any case, priority would always be subject to the law of the location of the goods at the time a priority dispute arises.
Accordingly, the law of the location of the asset will generally apply, whether or not the secured creditor has possession of the asset.
With respect to tangible assets, the applicable law should be the law of the location of the assets(see recommendation 200);
The law of the location of the document(and not of the actual tangible assets covered thereby) would then govern the security right.
With respect to tangible property, the applicable law should be the law of the location of the assets(see A/CN.9/631, recommendation 202);
In other legal systems, the law of the location of the asset still governs the creation, third-party effectiveness and priority of a security right in intangible assets.
With respect to intangible assets, the applicable law should be the law of the location of the grantor see recommendation 205.
In other States, the law of the location of the asset(lex situs) still governs the creation, third-party effectiveness and priority of a security right in intangible assets.
With respect to intangible property, the applicable law should be the law of the location of the grantor see A/CN.9/631, recommendation 204.
For example, the law of the location of the instrument or document will govern priority matters even if the security right is made effective against third parties otherwise than by possession.
It was also observed that recommendation 195 was sufficient to provide that the law applicable to a security right in a document of title would be the law of the location of the document.
If the asset is not removed to another place, the law of the location of the asset will normally coincide with the law of the forum.
For this reason, the Guide does not consider the location of the asset as being the appropriate connecting factor for intangible assets andfavours an approach generally based on the law of the location of the grantor see recommendation 205.
A positive answer to that question would favour either a rule based on the law of the location of the grantor or a rule based on the law of the location of the encumbered assets lex situs or lex rei sitae.
For this reason, the Guide does not consider the location of the asset as beingthe appropriate connecting factor for intangible property and favours an approach generally based on the law of the location of the grantor see A/CN.9/631, recommendation 204.
Application of the law of the location of the asset is problematic in the case of security rights in mobile goods, that is, goods that by virtue of their normal function as means of transport or carriage are used in more than one State.
Furthermore, the conflict-of-laws provision of article 24, paragraph(1)(b)(ii),should promote the approach that interests over securities are governed by the law of the location of the securities account of the relevant intermediary PRIMA.
It is also the case that, while the law of the location of the encumbered asset(lex situs) works well in most instances for tangible assets, great difficulties arise in applying the lex situs to intangible assets, both at conceptual and practical levels.
Furthermore, even if a State had detailed provisions allowing a prospective orexisting secured creditor to ascertain easily and objectively the law of the location of a receivable, practical difficulties would still ensue in many commercial transactions.
Some legal systems apply the law of the location of the secured debtor on the theory that that is the place from which the debtor mainly manages the business that relates to the collateral and where third parties, in view of the mobile nature of the collateral, would reasonably expect credit information regarding the debtor to be centred.
It was also noted that the Unidroit draft was intended to remove obstacles to international trade created by the application of the law of the location of the equipment(lex situs), as a result of which a security right created in country A might not be enforceable in country B.
That solution is consistent with the idea of practical control that underlies, in part, the reference to the law of the location of the asset for tangibles except that, instead of control over the property, that place has control over the person responsible for payment or performance of the assigned intangible.
In any event, private international law rules would be useful in order, for example,to help secured creditors to determine how to make their security rights effective against third parties i.e. under the law of the location of the encumbered assets, the law of the location of the grantor or another law.
In the case of the second type, creation andenforcement of a security right would be covered by the law of the location of the grantor, while effectiveness against third parties and priority of a security right relating to such intellectual property would be covered by the law of the protecting State.
From the point of view of lenders, it would be more efficient to look toa single national law, as recommended in the draft guide(i.e. the law of the location of the grantor), to determine issues of creation, third-party effectiveness, priority and enforcement of a security right regardless of the State where these issues arise.