Примеры использования Observed that such an approach на Английском языке и их переводы на Русский язык
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It was also observed that such an approach would run counter to the permissive rather than prescriptive character of the Guide.
In addition, it was observed that such an approach would result in avoiding conflicts with other conventions e.g., the Ottawa Convention.
In addition, it was observed that such an approach might be unnecessary, since in any case governmental debtors could protect themselves by law.
It was also observed that such an approach would not affect practices, such as factoring, in view of the limited scope of the mobile equipment convention.
It was observed that such an approach would be in line with the overall purpose of the project to facilitate receivables financing and thus to increase the availability of lower-cost credit.
On the other hand, it was observed that such an approach would be impractical since the two committees did not follow the same working methods in the substantive consideration of the agenda items before them.
In addition, it was observed that such an approach would be more beneficial to the legislator as it would combine the certainty of specific and detailed recommendations with the flexibility inherent in general commentary.
It was also observed that such an approach would be in line with paragraph(5), which was intended to preserve super-priority rights arising by operation of law only in an insolvency proceeding.
In addition, it was observed that such an approach could inadvertently result in the debtor having to take action in order to determine where to make payment in order to discharge its obligation.
In response, it was observed that such an approach was often followed in legislative texts and, in the present case, presented the obvious advantage of being based on the well-known notion of trade receivables.
Furthermore, it was observed that such an approach might prove more conducive to a more expeditious negotiating process that would make the new convention a reality in a shorter period of time.
However, it was observed that such an approach had been considered and not adopted by the Working Group, in the interests of avoiding regulation by the draft Convention of agency or forwarding matters.
It was observed that such an approach would ensure that States would have sufficient flexibility in excluding public entities, including commercial entities publicly owned or serving a public purpose.
In addition, it was observed that such an approach would inadvertently result in the debtor being uncertain as to whom to pay in order to discharge its obligation or as to whether the draft Convention would apply in a particular case.
In support of that suggestion, it was observed that such an approach would be similar to the approach taken in option A, according to which each amendment notice could be for the period of time specified in the law.
However, it was observed that such an approach would inadvertently result in leaving unaddressed situations in which the right of the person receiving payment was based not on priority but on other considerations e.g., good faith.
It was observed that such an approach would be consistent with the approach followed in recommendation 209 of the Guide with respect to receivables arising from a sale, lease or transaction secured by a security agreement.
It was observed that such an approach would also foster transparency by creating an obligation for those States that wished to make specific rules for preferential creditors to make their position known to the world.
It was observed that such an approach would be preferable in particular in case an international registration system were to be established, since it would result in avoiding the issuance of possibly conflicting orders to the registrar by national courts.
Moreover, it was observed that such an approach would be beneficial to the assignor and the assignee to the extent that they could predict whether, having met the requirements of the draft Convention, they could enforce their claim against the debtor.
It was observed that such an approach would be consistent with the approach followed in recommendation 205 of the Guide with respect to tangible assets, security rights in which were subject to registration in a specialized registry such as ships or aircraft.
It was also observed that such an approach would at the same time, result in presenting all those rules as closely as possible to the chapters dealing with the main issues addressed in the asset-specific rules i.e., creation, third-party effectiveness and priority.
It was also observed that such an approach could have another unintended result, namely that a State might not need to implement the registration-related recommendations of the Guide, a result that could undermine the Guide.
In addition, it was observed that such an approach would result in the law governing priority being the law of the jurisdiction in which insolvency proceedings with regard to the assignor were most likely to be opened i.e., the law of the country in which the assignor was located.
It was also observed that such an approach would ensure that all possible combinations would be covered of single or multiple assignments of parts of or undivided interests in receivables, whether they involved lump-sum or periodic payments.
In addition, it was observed that such an approach could inadvertently result in an increase in the cost of credit, since, if notification did not specify the assignee or the person authorized to issue payment instructions on behalf of the assignee, assignees would always have to send a request for payment.
It was observed that such an approach was followed with respect to motor vehicles and high-value equipment for which there was a secondary resale market in legal systems that did not have a title certification system allowing a security right to be made effective against third parties by a notation on the certificate.
He observed finally that such an approach might produce the opposite effect to that sought, in that a State might adopt countermeasures with the sole aim of forcing another State into third-party conciliation.
Some members, viewing a rights-based approach as one that would focus on the human rights of the victim, observed that it may not always be the case that such an approach would prove to be beneficial.
Moreover, it was observed that there was sufficient precedence for such an approach in other international instruments.