Примеры использования Manifestly contrary на Английском языке и их переводы на Русский язык
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The phrase“manifestly contrary” was not clear.
The court noted that 11 U.S.C.§ 1506[MLCBI, art. 6]placed a limitation on recognition if doing so was manifestly contrary to the policy of the United States.
These unilateral actions by the British are manifestly contrary to the provisions of General Assembly resolutions and must cease" see A/AC.109/2005/SR.8.
Nothing in this Law prevents the court from refusing to take an action governed by this Law if the action would be manifestly contrary to the public policy of this State.
The United States court held, on appeal,that the term"manifestly contrary to public policy" created a very narrow exception"intended to be invoked under exceptional circumstances concerning matters of fundamental importance for the enacting State.
Doubts were expressed as to the appropriateness of limiting the impact of public policy to the cases where the applicable law was“manifestly contrary” to the public policy of the forum State.
As a general rule, approval should not normally be withheld unless the subcontracts are found to contain provisions manifestly contrary to the public interest(for example, provisions for excessive payments to subcontractors or unreasonable limitations of liability) or contrary to mandatory rules having the nature of public law that apply to the execution of privately financed infrastructure projects in the host country.
The Working Group noted that article 6 of the Model Law provided an exception to recognition of a foreign proceeding where to do so would be"manifestly contrary to the public policy" of the receiving State.
Secondly, on the question of whether applying German insolvency law to deny patent licensees the protection of section 365 was"manifestly contrary" to the public policy of the United States, the court concluded that the public policy in favour of technological innovation was one of the most fundamental policies of the United States, and accordingly, the failure to protect was manifestly contrary to the public policy of the United States.
The court also noted that section 1506 of Chapter 15[article 6 MLCBI]placed a limitation on recognition if granting recognition of foreign proceedings would be manifestly contrary to the public policy of the United States.
Article 6 allows recognition to be refused where it would be“manifestly contrary to the public policy” of the State in which recognition is sought.
The court also noted that the provision equivalent to art. 6 of the Model Law[11 USC§ 1506]placed a limitation on recognition if to do so would be manifestly contrary to the policy of the United States.
The public policy exception is qualified by the notion"manifestly contrary" used also in article 33; see para. 53.
Notwithstanding article 11, a court shall refuse to recognize a foreign proceeding or to grant relief under this Law where the effects of such recognition orrelief would be manifestly contrary to public policy.”.
The purpose of this provision is to make it possible for States to set aside a rule ofthe applicable law that, as applied in a specific case, is"manifestly contrary" to the international public policy of the forum State(on the meaning of the notion"manifestly contrary", see para. 40).
Because the court of appeals affirmed the bankruptcy court's decision based on section 1522(a)'s balancing of interests standard, it did not expressly address the lower court's alternative holding under section 1506 that depriving United States patent licensees of the protections afforded by section 365(n)would be"manifestly contrary to the public policy of the United States.
The contracting authority's approval should not normally be withheld except where the contracts contain provisions manifestly contrary to the public interest or to mandatory rules of a public law nature.
Public policy and internationally mandatory rules(a) The application of the law determined under the provisions of this law on private international law may be refused by the forum only if the effects of its application would be manifestly contrary to the public policy of the forum;
The act, it must be said, came with particular ill grace at a time when Russia was believed to be negotiating an agreement with China, separately,and in terms manifestly contrary to the fundamental principles upon which the Powers' diplomacy at Peking was based.
This is explicit in the general rule contained in article 46 of the Constitution, which states that“Every act of the Public Power which violates or impairs the rights guaranteed by this Constitution is void and the public officials and employees who order orexecute it shall be held criminally, civilly or administratively liable, as the case may be, and orders of superiors manifestly contrary to the Constitution and the laws may not serve as an excuse”.
In that connection, reference was made to the possibility that the law chosen by the parties on matters relating to creation andenforcement of a security right might be set aside as manifestly contrary to the public policy or through the application of mandatory law provisions of the forum State see recommendation 222.
The application of the law determined under the conflict-of-laws provisions may be refused only if the effects of its application would be manifestly contrary to the public policy of the forum;
If the insolvency proceeding was opened in another jurisdiction(e.g. the country where the debtor was located),the assignor's law would govern priority with the exception of a rule which would be manifestly contrary to the public policy of the debtor's country and subject to non-consensual, preferential rights of that country.
A suggestion was made to redraft article 6 in a positive manner along the following lines:"The court may refuse to take an action governed by this Law if the action would be manifestly contrary to the public policy of this State.
According to the conflict-of-laws rules of many States,the forum State may refuse the application of the law determined under its conflict-of-laws rules only if the effect of its application would be manifestly contrary to the public policy of the forum State or to provisions of the law of the forum State that are mandatory even in international situations.
The insolvency law should recognize contractual provisions in which the debtor and its counterparty expressly agree that the law applicable to their legal relationship under the contract will be the law of a specified jurisdiction without regard to the nexus between the transaction or the parties at issue and the chosen applicable law,except where such a provision is viewed as manifestly contrary to a public policy of the jurisdiction whose law would apply in the absence of such a provision.
The contracting authority's approval should not normally be withheld except where the contracts contain provisions inconsistent with the project agreement or manifestly contrary to the public interest or to mandatory rules of a public law nature.
The receiving court retains the ability to refuse to take any action covered by the Model Law, including to deny recognition or the relief sought,if to take that action would be"manifestly contrary" to the public policy of the State in which the receiving court is situated.
According to generally applicable private international law rules,the forum may refuse the application of the law applicable under its private international law rules only if the effect of its application would be manifestly contrary to the public policy of the forum State or in a situation where such effects are contrary to mandatory provisions of the law of the forum.