Примеры использования Notion of control на Английском языке и их переводы на Русский язык
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It was stressed that the notion of control was to be formulated in a technology neutral manner.
In response, it was recalled that the Working Group had previously considered that exclusivity was implicit in the notion of control see A/CN.9/797, para. 74.
In response, it was noted that the general notion of"control" would not be affected by adding the words"de facto.
The Court's decision did not contain any criticism of the criterion that was stated by the Commission; however,the Court made use of a different notion of control for reaching its decision.
It was further explained that the notion of"control" could identify both the person entitled to performance and the object of control. .
While there was support for that suggestion(see para. 80 above),a concern was raised that"de facto control" could be understood to have a different meaning from the general notion of"control.
Control- shall be considered the notion of„control" specified in art.3 of the Law on Financial Institutions no.550-XIII from July 21, 1995.
Nuclear weapons were illegal under international law,including international humanitarian law; the notion of control was meaningless, and the idea of military necessity absurd.
It was added that resorting to the notion of"control" would make it possible not to refer to the notion of"uniqueness", which posed technical challenges.
After discussion, it was agreed that the words"[and to identify the person in control]" should be deleted as the notion of control implied the identification of the person in control. .
Moreover, the notion of control is based on exclusivity, which presupposes the ability to exclude parties that do not have authorized access to the system.
In line with the general principle that the Model Law does not affect substantive law, the notion of control does not affect or limit the legal consequences arising from possession.
While a notion of“control” may exist in national legislation, the notion of“control” contained in article 11 needs to be interpreted autonomously in light of the international character of the Model Law.
When militias attack jointly with the armed forces, it can be held that they act underthe effective control of the Government, consistently with the notion of control set out in 1999 in Tadić(Appeal), at paragraphs 98 to 145.
With respect to footnote 15,it was noted that the notion of control of the debtor and a reference to a legal entity, not just natural persons, should also be included.
On the other hand, it was indicated that the second set of bracketed text in draft article 10(1)(a) provided more flexibility,while explicit reference to uniqueness was not necessary given that the notion of control was sufficient to ensure singularity.
It was further explained that in some cases, the notion of control could suffice to prevent the risk of exposing the debtor to multiple requests for performance.
Second, the rules on possessory security rights, especially the possessory pledge,may be covered and at the same time adapted to contemporary requirements e.g. by introducing the notion of control in relation to security rights in intangible property.
The Working Group continued its discussion under the assumption that the notion of"control" over electronic transferable records would achieve the functional equivalence of the notion of"possession" of paper-based documents.
It was mentioned that an in-depth analysis of different models and technologies for identifying the person in control of the electronic record was required in order to understand how the notion of control could be put into effect in an electronic environment.
On the other hand,reference to the notion of control, while based on less objective parameters, would give more flexibility in addressing the diverse economic realities expressed by the operations of corporate groups.
It was noted that, when considering draft article 17 on control, the Working Group had postponed the discussion on whether there should be a link between the notion of control and the notions of uniqueness and integrity with respect to the reliability test see paras. 85-90 below.
It was widely felt that the notion of control should establish the functional equivalence of possession with respect to the use of an electronic transferable record(see para. 45 above) and aim at reliably identifying the holder.
It was added that a reference to uniqueness was necessary in order to ensure singularity andto avoid multiple claims, and that the notion of control alone could not achieve singularity given the difference between control itself and the object of control, i.e., the electronic transferable record.
The question was raised whether the notion of"control", used in the Guide with respect to other intangible assets(e.g. rights to payment of funds credited to a bank account), should also be used with respect to an encumbered intellectual property right.
In response, it was said that parameters offering guidance on reliability should vary with each draft article where a reliable method was referred to, as each draft article required a reliable method for the purpose of establishing a different quality, andthat draft article 17 should only focus on offering guidance with respect to the notion of control.
A view was expressed that draft article 17, paragraph 2 was not a safe harbour provision for the notion of"control", but was in fact a safe harbour provision for the notion of the"holder being in control" of an electronic transferable record.
It was added that the notion of"control" as a functional equivalent of the paper-based notion of"possession" could identify only the person entitled to claim performance, but that identification of the object of the performance demanded a functional equivalent of the paper-based notion of"original.
It was suggested that uniqueness in an electronic environment could be achieved through an appropriate use of the notion of control over the negotiable electronic record, which, in turn, would depend on the possibility to reliably identify and authenticate the party exercising control. .
In response to a statement that the notion of control was already present in article 6(3) of the UNCITRAL Model Law on Electronic Signatures, 2001("Model law on Electronic Signature"), it was noted that that provision was relevant for the identification of the signatory, while the concept of control of an electronic transferable record aimed at establishing an equivalent of possession of a negotiable instrument in the electronic environment.