Примеры использования Movable asset на Английском языке и их переводы на Русский язык
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Colloquial
All types of movable asset tangible or intangible.
Bbb"Tangible asset" means every form of corporeal movable asset.
Property right in a movable asset to secure payment or performance of an obligation.
Ii Priority of a security right in an attachment to a movable asset.
It was also agreed that the term"movable asset" could be elaborated in the Guide to Enactment.
One such type may arise between two security rights in assets that later became attachments to one or more movable asset.
Property right in a movable asset created by agreement to secure payment or performance of an obligation Recommendation 2.
Microfinance does not necessarily involve secured lending in the sense of a security interest in a movable asset to secure outstanding amounts of a loan.
Security right" is a property right in a movable asset, however the property right is denominated, that secures performance of an obligation.
However, as all securities are expressly excluded from the scope of the Guide(see recommendation 4, subpara.(c)),the Guide fails to address an extremely important type of movable asset.
It should be quite clear from the wording, however, that a movable asset did not itself become immovable when it was attached to an immovable asset. .
Sometimes, the movable asset may be an attachment and not fully incorporated into immovable property for example, an elevator, a furnace, or an attached counter or display case.
Under this approach,the term encompasses any type of property right in a movable asset that functions in substance to secure the performance of an obligation.
Ms. Okino Nakashima(Japan) said that she had some difficulty in understanding the relationship between the heading of paragraph 58,"Priority among multiple security rights", and the first two sentences,which emphasized the importance of the availability of multiple security rights in the same movable asset.
The law should provide that a secured creditor with a security right in an attachment to a movable asset is entitled to enforce its security right in the attachment.
With respect to the meaning of the terms"security right" and"movable asset" in the definition of the term"law", it was noted that those terms did not need to be defined as they were explained either in the terminology or in the recommendations of the Guide;
The law should provide that a secured creditor with a security right in an attachment to a movable asset is entitled to enforce its security right in the attachment.
Thus, for example, the creation of a right in a movable asset to secure payment or performance of an obligation is within the scope of the Guide whether the right is created by a transaction denominated as a transfer of the asset for security purposes(also sometimes known as a fiduciary transfer) or one that is denominated as a pledge.
For example, there is no reason why the general rules of the law recommended in the Guide with respect to the creation of a security right in a movable asset should not apply to the creation of a security right in intermediated securities.
Subject to recommendations 3-7, the law should apply to all rights in movable assets created by agreement that secure payment or other performance of an obligation, regardless of the form of the transaction,the type of the movable asset, the status of the grantor or secured creditor or the nature of the secured obligation.
The enforcement of security rights in attachments to immovable property is further complicated where the secured creditor has taken an encumbrance in the immovable property anda security right in the movable asset that has become an attachment to the immovable property.
As a practical matter, this approach is feasible only for types of movable asset for which unique and reliable serial numbers or equivalent alphanumerical identifiers are available.
However, the difference with the treatment of a security right in an attachment to immovable property is that a secured creditor does not need to have priority as against competing rights in the movable asset to enforce its security right in the attachment see recommendations 162 and 163.
Finally, as is the case with any secured transaction relating to other types of movable asset, the term"grantor" may reflect a third party granting a security right in its intellectual property to secure the obligation owed by a debtor to a secured creditor.
A third type of priority conflict may arise between a security right in an asset that later became an attachment where that security right was made effective against third parties by registration in a specialized registry or notation on a title certificate anda security right in the related movable asset that was registered in the general security rights registry.
It was also generally agreed that all that needed to be stated to reflect the thrust of article 18 was that a security right in a movable asset that was subject to specialized registration under other law could also be made effective against third parties by registration in a specialized registry.
Fourth, when the encumbered movable asset is attached to immovable property at the time of the conclusion of the security agreement, or subsequently becomes attached to immovable property, the Secured Transactions Guide recommends that the security right may be made effective against third parties by registration in either the general security rights registry or the immovable property registry see Secured Transactions Guide, rec. 43.
In addition, there is no reason why the general rules of the law recommended in the Guide with respect to the third-party effectiveness of a security right in a movable asset by registration of a notice in the general security rights registry should not apply to a security right in intermediated securities.
Security rights in all types of movable asset, tangible or intangible, present or future, including inventory, equipment and other tangible assets, contractual and non-contractual receivables, contractual non-monetary claims, negotiable instruments, negotiable documents, rights to payment of funds credited to a bank account, rights to receive the proceeds under an independent undertaking, and intellectual property;
Another priority conflict may arise between a security right in an asset that later became an attachment to a movable asset anda security right in the relevant movable asset to which the attachment was attached where both have been registered in the general security rights registry.