Примеры использования Manifestation of will на Английском языке и их переводы на Русский язык
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The proposal was intended to make clear that such manifestation of will existed.
The manifestation of will, in addition to being common to all such acts, is a single one.
It might be better to use the words"manifestation of will" or"legal acts", which would include contracts.
However, the word"transaction" had an economic rather than a legal sense, andhis delegation would prefer"manifestation of will.
The terms"communication" and"manifestation of will" could have many different meanings.
Where such judgement ordered a party to make a declaration of intention,the judgement itself replaced the declaration without further manifestation of will by the party§ 894 ZPO.
The new paragraph must embody the idea of manifestation of will, but should not overlap with paragraph 1 offer and acceptance of an offer.
If it is considered that articles 3 and 4 can, in fact,cover the expression of consent, then a specific provision on the manifestation of will or expression of consent would not be necessary.
This"manifestation of will" requirement was subsequently abrogated by the Guigou Law of 1998, but children born in France of foreign parents remain foreign until obtaining legal majority.
Some delegations had felt that the act of programming a computer was a manifestation of will, others that it was an implied responsibility.
In the context of acts involving a manifestation of will, Venturini refers to promise and waiver, revocation, denunciation and declaration of war-- in other words, a classification based on the material criterion or on the content of the act.
Further suggestions referred to legal categories such as"declaration of intent","manifestation of will or knowledge","legal act" and"notice or statement.
Following the Vienna regime to some extent, and using it as a guide, the conditions of validity of the unilateral acts with which we are concerned would be: formulation of the act by a State, by a representative authorized or qualified to act on its behalf and commit it at the international level; lawfulness of the object and purpose,which must not conflict with a peremptory norm of international law; and the manifestation of will.
To qualify as such,the act should produce legal effects independent of any manifestation of will by another subject of international law.
Mr. CHANDLER(United States of America)said that the term"manifestation of will" appeared to enjoy a consensus and that, since it suited the purpose for which it had been proposed, the Commission should concentrate on it.
The definition, it was stated, should also highlight the importance of autonomy;the act should produce legal effects independent of any manifestation of will by another subject of international law.
The final condition of validity of a unilateral act concerns the manifestation of will, which must be free of defects, as set forth in the law of treaties; the Special Rapporteur specifically addresses that issue in his third report.
On the one hand, a unilateral act, to be defined as such, had to have autonomous legal effects,which meant legal effects independent of any manifestation of will on the part of another subject of international law.
If the proposal of the representative of Mexico was to use the term"communication" rather than the term"manifestation of will", then there would be no need to supplement the existing text; the problem was settled in article 4 by the word"information", which seemed to have a fairly broad meaning in order to encompass very different situations.
Since the Mexican proposal referred to the validation of manifestations of will by electronic means,a solution might be to use the words"manifestation of will", thereby avoiding problems of terminology.
This excludes conduct and attitudes which, although of unquestionable relevance under international law, should be removed from consideration;among these are silence as a manifestation of will and attitudes and actions which, although they may produce legal effects, do not fall into the category of acts that concerns us-- for example, implicit, conclusive acts of recognition or waiver or other de facto acts such as occupation, which is of historical importance.
The second, which concerns the autonomy of the act, must be looked at from two different standpoints, one relating to theabsence of a connection with a pre-existing act or norm or other manifestation of will and the other relating to the autonomy of the obligation.
Since the word"transaction" posed problems,his delegation preferred"manifestation of will";"legal acts" could be too technical in some legal systems, and too imprecise in others.
The Special Rapporteur considered that in order for a legal act to be strictly unilateral in nature,that act had to be autonomous, i.e., it had to produce legal effects independently of any other manifestation of will, whether prior, simultaneous or subsequent, by some other subject of international law.
A promise, waiver, recognition, protest orany other act is formulated through a manifestation of will with the intention of producing legal effects, and it is those effects which vary.
In order to be classified as strictly unilateral, an act had to be self-sufficient in generating legal consequences, that is,it had to produce legal effects independently of any other manifestation of will, whether prior, simultaneous or subsequent, by some other subject of international law.
Mr. ABASCAL(Mexico) said that his delegation's original proposal, reproduced in document A/CN.9/409/Add.1,used the term"manifestation of will", but it seemed that some delegations found that wording too broad.
Such acts, as manifestations of will in the strict sense, are distinguished from unilateral conduct that may produce similar legal effects.
His Government had proposed an expansion of the principle of article 13 to other acts which involved negotiable manifestations of will.
Mr. BURMAN(United States of America)said such terms as"manifestations of will and other statements" could be clarified by explicitly relating them to more specific terms, such as"performance.