Примеры использования Undivided interests на Английском языке и их переводы на Русский язык
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Parts or undivided interests in receivables.
Notification of assignments of parts of or undivided interests in receivables.
Assignments of undivided interests are involved in significant transactions.
Recommendation 22 effectiveness of a bulk assignment and an assignment of future,parts of and undivided interests in receivables.
If two assignees had undivided interests in the same receivable, would not a problem of competing claims arise?
Effectiveness of a bulk assignment of receivables and an assignment of future,parts of and undivided interests in receivables.
Mr. Ikeda(Japan) sought clarification concerning the concept of undivided interests, which existed in Anglo-Saxon law, but did not figure in Japanese civil or commercial law.
The law should provide that a security agreement may cover any type of asset,including parts of assets and undivided interests in assets.
However, in the case of an assignment of undivided interests in receivables, the undivided interest in the security, rather than the security itself, should be transferred.
An assignment may relate to existing or future, one ormore, receivables, and to parts of or undivided interests in receivables.
The assignment of undivided interests in payment might thus be similar to the assignment of a beneficial interest, whereby the right as such was not transferred or assigned to the assignee.
In loan syndication andparticipation, the leading lender may assign undivided interests in the loan to a number of other lenders.
Mr. Stoufflet(France) said that the concept of undivided interests existed in French civil law, and that when applied to goods that were by definition divisible, such as money, the assignment of an undivided interest would not raise any special problems, and would be governed by the provisions already approved by the Commission.
Subject to articles 23 and 24, an assignment of existing or future, one or more,receivables, and parts of, or undivided interests in, receivables is effective, if.
An assignment of one or more existing orfuture receivables and parts of or undivided interests in receivables is effective as between the assignor and the assignee, as well as against the debtor, whether the receivables are described.
It was also observed that such an approach would ensure that all possible combinations would becovered of single or multiple assignments of parts of or undivided interests in receivables, whether they involved lump-sum or periodic payments.
Assignments of future receivables, bulk assignments andassignments of parts of or undivided interests in receivables are at the heart of significant financing practices e.g. asset-based financing, factoring, securitization, project financing, loan syndication and participation.
Mr. Suk Kwang-hyun(Observer for the Republic of Korea) said it had initially been his understanding, on the basis of his previous experience of common-law countries, that in the case of an assignment of a contractual right to payment the assignee would have a direct claim or right against the debtor,whereas in the case of an assignment of undivided interests, the assignee might not have that right.
Important practices covered by the draft Convention involve the assignment of parts or undivided interests in receivables e.g. securitization, loan syndication and participation.
An assignment is not ineffective as between the assignor and the assignee or as against the debtor or as against a competing claimant, and the right of an assignee may not be denied priority, on the ground that it is an assignment of more than one receivable,future receivables or parts of or undivided interests in receivables, provided that the receivables are described.
An assignment of existing or future, one or more,receivables, and parts of, or undivided interests in, receivables is effective, whether the receivables are described.
For example, in securitization,a special purpose vehicle("SPV") may assign to investors undivided interests in the receivables purchased from their originator as security for the SPV's obligations to investors.
However, he felt that the new wording should retain the concepts of"future receivables and parts of or undivided interests" and"one or more", which had apparently been inadvertently omitted from the Secretariat's proposal.
Article 9, paragraph 1, of the Convention merely stated that an assignment of one or more existing orfuture receivables and parts of or undivided interests in receivables was effective, without specifying in what way it was effective, and paragraph 89 of document A/CN.9/489 cast no further light on the matter.
Could the assignee of the undivided interest demand payment directly from the debtor?
If the debtor of the receivable pays inaccordance with the notification, it is discharged only to the extent of the part or undivided interest paid;
Mr. Whiteley(United Kingdom) said that if two people married and decided to buy a house,they would normally do so using an undivided interest.
If the debtor pays in accordance with the notification, the debtor is discharged only to the extent of the part or undivided interest paid.
Joint Ownership Agreement establishes the framework for providing each fractional owner with access to both an undivided interest in their aircraft and a share of allocated hours as established in the Purchase Agreement.
Assignment" means the transfer by agreement from one person("assignor") to another person("assignee")of all or part of, or an undivided interest in, the assignor's contractual right to payment of a monetary sum("receivable") from a third person"debtor.