Примеры использования Underlying obligation на Английском языке и их переводы на Русский язык
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Official
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Colloquial
A guarantee may be independent of, or accessory to, the underlying obligation.
The underlying obligation has undoubtedly been fulfilled to the satisfaction of the beneficiary;
Depending upon its terms,a guarantee may be independent of, or accessory to, the underlying obligation.
The extent to which the debtor of the underlying obligation should be involved in the transfer or negotiation and its consequences;
Reversal of the debit would, of course,revive the transferor's obligation to pay the underlying obligation.
The underlying obligation of due diligence was appropriate, and the emphasis on good faith and cooperation was commendable.
In addition to documentary conditions, a guarantee will usually specify requirements that do not pertain to the performance of the underlying obligation.
Should the time when an underlying obligation is discharged by means of a funds transfer be dependent upon the means used by the banks to effect the funds transfer?
It would be odd if a State specially affected by a breach was entitled to suspend the underlying obligation but not to insist on its performance.
Despite the independence of the guarantee from the underlying obligation, payment under the guarantee may exceptionally be refused, in particular when the payment claim is fraudulent paragraph 3.
It concerns"consent in relation to a particular situation ora particular course of conduct", as distinguished from"consent in relation to the underlying obligation itself.
Also with regard to international organizations, consent could affect the underlying obligation, or concern only a particular situation or a particular course of conduct.
A distinction must be drawn between consent in relation to a particular situation or a particular course of conduct, andconsent in relation to the underlying obligation itself.
Where the underlying obligation is to be discharged by a debit transfer, the transferee may not treat the obligation as being in default if he has the means to start the debit transfer process.
An important question for the partiesto consider is whether, by claiming the agreed sum, the beneficiary of the clause forsakes fulfilment of the underlying obligation.
This permits the instrument ordocument to be transferred in commerce independent of the underlying obligation, for which information may be unobtainable due to remoteness of the underlying transaction.
A question was raised whether termination of an electronic record upon its conversion would need to be distinguished from termination of the legal effect of the record upon performance of the underlying obligation.
For this reason, the legal rules on discharge of the underlying obligation may be found in the law governing funds transfers,although they may equally well be found in the law governing the underlying obligation.
Even though the instruction itself has not as yet been honoured, the addition of the bank's guarantee to the obligation of the transferor may be thought to be sufficient reason to consider the underlying obligation discharged.
The underlying obligation of the principal/applicant has been declared invalid by a court or arbitral tribunal, unless the undertaking indicates that such contingency falls within the risk to be covered by the undertaking;
However, caution was urged in the sense that any rule on this matter should not have the effect of allowing the holder to make amendments that affect the issuer's underlying obligation without the consent of the issuer.
Under an accessory guarantee, the guarantor must, before paying a claim, ascertain whether the underlying obligation was breached, and the guarantor is normally entitled to invoke all the defences that the principal could invoke against the beneficiary paragraph 4.
Another approach is to indicate that issues should be decided by the forum court using an analysis based upon the conflict of laws rules applicable in that forum orin accordance with the law governing the underlying obligation.
Under an independent guarantee,the guarantor is obligated to pay when the party to whom the underlying obligation is owed(the"beneficiary") presents to the guarantor the demand for payment and any additional documents required under the terms of the guarantee.
His delegation supported the Special Rapporteur's proposal to include a draft article enunciating the principle that, once the responsibility ofa State was engaged, it did not lapse merely because the underlying obligation had terminated A/54/10, para. 121.
The guarantor, in determining whether to pay,is not called upon to investigate whether the underlying obligation has in fact been breached, but is limited to verifying whether the demand for payment and the supporting documents conform to the requirements specified in the guarantee.
His delegation also endorsed the Special Rapporteur's suggestion that a new article should establish the principle that, once the responsibility of a State was engaged,it did not lapse merely because the underlying obligation had terminated.
It would appear that the majority of the draft articles, notably the underlying obligation of equitable and reasonable utilization and the obligation not to cause significant harm to other States, equally apply to other shared natural resources, such as gaseous substances and liquid substances other than groundwater.
There was also support for the Special Rapporteur's proposal in paragraph 121 of the report to include a draft article enunciating the principle that, once the responsibility ofa State was engaged, it did not lapse merely because the underlying obligation had terminated.
Of course it may be that the particular circumstances precluding wrongfulness are,at the same time, a sufficient basis for terminating the underlying obligation e.g., a breach of a treaty justifying countermeasures may be“material” in terms of article 60 of the 1969 Vienna Convention and permit termination of the treaty.