Примеры использования Rights of set-off на Английском языке и их переводы на Русский язык
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Official
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Colloquial
Defences and rights of set-off of the debtor.
Agreement not to raise defences or rights of set-off.
Debtor's defences and rights of set-off(article 20, para. 1) 41 12.
Agreement not to raise defences or rights of set-off.
Defences and rights of set-off of the debtor of the receivable.
The debtor does not andwill not have any defences or rights of set-off.
Uncertainty as to the debtor's defences and rights of set-off would also make it difficult for the assignee to price the credit offered to the assignor.
Under our national law any waiver of future defences and rights of set-off is prohibited.
Such defences and rights of set-off(transaction set-off) may be raised even if they become available to the debtor after notification is received.
Iii The debtor of the receivable does not andwill not have any defences or rights of set-off;
However, it was stated that, in order toachieve that result, rights of set-off should be subjected to the law governing the receivable.
With a view to facilitating this practice, article 21 validates such waivers of defences and rights of set-off.
What those defences and rights of set-off are is a matter not addressed in the draft Convention but left to other law.
The Working Group considered a proposed revision of the recommendations concerning rights of set-off as follows.
It was noted that the general principle as to contractual rights of set-off was that they were governed by the law of the contract from which they arose.
Such an agreement precludes the debtor from raising against the assignee those defences and rights of set-off.
It was generally agreed that such rights of set-off should receive the same treatment under the draft Convention as rights arising from the original contract.
In addition, the commentary will explain that recommendation 77 does not create any rights of set-off, a matter which remains subject to other law.
Rights of set-off arising from a separate contractual or other relationship between the debtor and the assignee are not affected by this rule and may be raised at any time.
Subparagraph(c) places on the assignor the risk of hidden defences or rights of set-off of the debtor that may defeat in whole or in part the assignee's claim.
The amendment requires disclosures that will enable users of an entity's financial statements to evaluate the effect orpotential effect of netting arrangements, including rights of set-off.
It was noted that paragraph(2)referred to rights of set-off being“available” at the time of notification for the notification to cut off such rights of set-off.
Ms. Walsh(Canada) said that the law of set-off in her jurisdiction also recognized that,once notification was provided, rights of set-off arising under future obligations were crystallized.
According to paragraph 2, any other rights of set-off(independent set-off) may be raised against the assignee only if they are available to the debtor at the time notification is received.
A subsequent assignee has the rights afforded by this Conventionto an assignee and is subject to the debtor's defences and rights of set-off recognized by this Convention.
In the discussion, the question was raised as to whether future rights of set-off arising under contracts that were unrelated to the original contract would be covered in subparagraph c.
While the thrust of that suggestion was found to be generally acceptable, the Working Group preferred a simpler formulation along the following lines:"the debtor does not have andwill not have any defences or rights of set-off.
A notification given in violation of an agreement between the assignor and the assignee, however,does not cut off any rights of set-off of the debtor from contracts unrelated to the original contract see article 20.
The amendment requires disclosures that enable users of an entity's consolidated financial statements to evaluate the effect orpotential effect of netting arrangements, including rights of set-off.
It also ensures that,once a receivable arises, the debtor cannot accumulate rights of set-off from unrelated contracts with the assignor or modify the original contract without the consent of the assignee.