Примеры использования Right of the assignee на Английском языке и их переводы на Русский язык
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Right of the assignee to payment.
In order toaddress that concern, it was suggested that the reference to the"extent of the right of the assignee in the assigned receivable" should be deleted.
Independent right of the assignee to notify the debtor and to request payment.
With respect to the right of a competing claimant, the characteristics and priority of the right of the assignee in proceeds described below are governed by.
As to the right of the assignee to pursue the assignor, it was said that it was sufficiently dealt with in subparagraph b.
It was widely felt that paragraph(3) needed to be expanded so as to cover any right of the assignee as against the assignor for breach of an agreement between them.
That suggestion was objected to on the ground that the first sentence of paragraph(1), as the core provisionof draft article 17, was necessary to establish the right of the assignee to payment.
In support of deletion, it was stated that the right of the assignee to payment would sufficiently result from the agreement between the assignor and the assignee. .
Another concern was that the chapeau of subparagraph(a)might not be sufficient to cover the question of the existence of the right of the assignee in the assigned receivable.
While an outright transfer of a receivable does not secure payment or other performance of an obligation,for convenience of reference, the term"security right" also includes the right of the assignee in an outright transfer of a receivable.
With respect to receivables, security right also means the right of the assignee(see the definition of"assignment" and other definitions below relating to assignments of receivables);
One suggestion was to replace the words"as between the assignor and the assignee" with the words"without prejudice to the rights of third parties", to the effect that the right of the assignee to claim payment from the debtor would be preserved under draft article 17.
In response to that suggestion, it was pointed out that the right of the assignee to claim payment before notification had been established implicitly in draft article 10, while in such a situation a defence was provided to the debtor in draft article 18.
Retaining a procedure for the settlement of disputes agreed beforehand by the parties and confirmed by an exchange of letters in the course of arbitration proceedings did not, as a rule,infringe the right of the assignee and provided appropriate protection for the interests of the debtor.
In particular in the context of factoring transactions, it was said to be important to establish the right of the assignee to recover from the assignor or to retain returned goods in discharge of the assigned receivable.
It was stated that the matter of the right of the assignee to request payment from the debtor had already been established in draft articles 2, paragraph(1), 10 and 16, paragraph(1), and was implicit in draft article 18, while the rights of third parties were dealt with in draft articles 23, 24, 34, 35, 39 and 40.
If a receivable is assigned pursuant to a contract of assignment concluded before the date when the denunciation takes effect in respect of the Contracting State referredto in article 1, paragraph 1(a), the right of the assignee has priority over the right of a competing claimant with respect to the receivable to the extent that, under the law that would determine priority under this Convention, the right of the assignee would have priority.
If proceeds are received by the assignor, the right of the assignee in those proceeds has priority over the right of a competing claimant in those proceeds to the same extent as the assignee's right had priority over the right in the assigned receivable of that claimant if.
Another concern was that subparagraph(b)was incomplete in that it covered the priority of the right of the assignee in proceeds with respect to competing rights of third parties without covering the existence and extent of the right of the assignee.
It was agreed that the extent and the priority of the right of the assignee in proceeds with respect to competing rights of third parties should be covered and that, to that extent, subparagraph(b) should be aligned with subparagraph(a) which dealt with the extent and the priority of the assignee's right in the assigned receivable with respect to competing rights of third parties.
If a receivable is assigned pursuant to a contract of assignment concluded before the date when the denunciation takes effect in respect of the Contracting State referred to in article 1,paragraph 1(a), the right of the assignee has priority over the right of a competing claimant with respect to the receivable and its proceeds to the extent that, under the law that would determine priority under this Convention, the right of the assignee would have priority.
Issues discussed include, for example, the right of the assignee to inform the debtor of the receivable to make payments directly to the assignee following the assignor's default see A/CN.9/631, recommendations 110-113.
If a receivable is assigned pursuant to a contract of assignment concluded before the date when this Convention enters into force in respect of the Contracting State referred to in article 1,paragraph 1(a), the right of the assignee has priority over the right of a competing claimant with respect to the receivable and its proceeds to the extent that, under the law that would determine priority in the absence of this Convention, the right of the assignee would have priority.
Paragraphs(1) and(2) of this article do not affect any right of the assignee against the assignor for breach of an agreement between the assignor and the assignee thatthe assignor will not modify the original contract without the assignee's consent.
In response, it was stated that that result would be obtained anyway, since the right of the assignee to pursue the debtor as creditor was part of the original contract and the draft Convention was not intended to affect it; and draft article 18(2) made it sufficiently clear that, after notification, the debtor would be discharged only by paying the assignee. .
If proceeds of the assigned receivable are received by the assignor, the right of the assignee in those proceeds has priority over competing rights in those proceeds of the persons described in subparagraph(a)(i) to(iii) of article 24 to the same extent as the assignee's right had priority over the right in the assigned receivable of those persons if.
With the exception of matters which aresettled in this Convention, the assignability of a receivable, the right of the assignee to request payment, the debtor's obligation to pay as instructed in the notification of the assignment, the discharge of the debtor and the debtor's defences are governed by the law governing the receivable to which the assignment relates.