Примеры использования Place of payment на Английском языке и их переводы на Русский язык
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The place of payment may have important consequences.
As Elena Zhukova noted,residents of the city are free to choose the form and place of payment.
Jurisdiction; place of payment of damages.
As is stated in the Secretariat Commentary,“the contract will usually contain specific provisions on the(…) place of payment”.
Under CISG the law of the place of payment determines the bearing of costs.
It was also pointed out that in most practical circumstances domestic law allowed for a change in the place of payment for domestic assignments.
Keywords: Jurisdiction- Place of payment- Seller's place of business.
On appeal, the Court of Appeal confirmed the jurisdictional finding butdid so exclusively in relation to the place of payment issue.
In their contract the parties designated Amsterdam as place of payment but later they agreed to terminate the contract.
It was suggested that language inspired from draft article 12(2)might be used to deal with the breach of a clause specifying the place of payment.
Since no agreement as to the place of payment was made, no recourse could be made to article 5(1) Brussels Convention.
The case examines the influence of an agreement regarding the terms of payment on the place of payment pursuant to article 57(1)(a) CISG.
Such issues as the currency,time and place of payment may be settled in the contract see chapter VII,"Price and payment conditions.
The Court concluded that ifthe seller usually had to bear the transaction costs, then the place of payment had to be the buyer's place of business.
In deciding whether the place of payment was in the U.S.(without mentioning any specific U.S. State), it looked to two provisions of the CISG. First.
The parties may also agree upon the payment conditions applicable e.g., the currency,time and place of payment; see chapter VII,"Price and payment conditions.
Various views were expressed as to how the draft Convention should deal with the allocation of the costs that might result from such a change in the place of payment.
On the substance of the dispute, the court held that,pursuant to article 57(1)(a) CISG, the place of payment was the seller's place of the business in Germany.
Nonetheless, in order to prevent conflicting instructions from being given, it is normally the case that thereafter,only the assignee may direct the debtor as to the manner and place of payment.
It is advisable that applicable payment conditions(e.g., with regard to issues such as the currency,time and place of payment) be settled in the contract see chapter VII,"Price and payment conditions.
Neither the time, method, or place of payment, method of transportation, form of shipping document, manner of consignment nor place of acceptance of the Goods shall alter the foregoing.
By thus determining the place of payment, article 57(1) indirectly settles the question of who bears the risks of loss of the funds allocated for payment and the risks of delay in remittance of the funds.
Where the calculation of the compensation requires the conversion of sums expressed in foreign currency,conversion shall be at the exchange rate applicable on the day and at the place of payment of compensation.
First, the parties may have contractually specified the place of payment, in which case the buyer must pay the price at that place“If the buyer is not bound to pay the price at any other particular place,” article 57 1.
The draft Convention should thus recognize the debtor's right to ignore such an instruction, orat least to be indemnified for any cost incurred as a result of a change in the place of payment even within the same country.
If the place of payment is that of the seller's business premises(article 57(1)(a)), the question arises whether the buyer has to pay the price at the place of business of the assignor or that of the assignee.
Thus, priority has to be given to the place of payment agreed upon by the parties under article 6 CISG or the place of payment in conformity with the practices which the parties have established between themselves by virtue of article 9 CISG.
Nonetheless, in order to prevent conflicting instructions from being given, these States normally also provide that, once notice of theassignment has been given, only the assignee may direct the debtor as to the manner and place of payment.