在 英语 中使用 Draft guide should 的示例及其翻译为 中文
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In view of the importance of this type of financing, the draft guide should address it.
Thus, while the draft Guide should express a view, the commentary could forcefully put forward the alternatives.
The Working Group agreed that the scope of the regime envisaged in the draft Guide should be described more clearly.
The draft guide should address policy issues, since it was impossible to adopt legislation without policy decisions.
Substantive issues dealt with in the draft Guide should be discussed in detail in the Working Group.
The draft guide should therefore provide for the prequalification proceedings to be conducted within a relatively short time-frame and at a reasonable cost.
Differing views were expressed as to whether the regime envisaged in the draft Guide should cover consumer transactions.
The Working Group agreed that the draft guide should include recommendations to address the rights of appeal of the debtor.
Mr. Kemper(Germany) said that a legislative guide was normally less stringent than a model law andhe felt that the draft Guide should offer more options to legislators.
One view was that the draft Guide should address certain types of directly held securities along the lines proposed above.
Such an annex should be submitted foradoption as soon as possible and the draft Guide should contain an explicit reference thereto.
It was also stated that the draft Guide should express clear recommendations rather than focus merely on the description of existing practices.
Work on the annex should proceed as rapidly as possible and the draft Guide should contain a specific reference thereto.
It was also suggested that the draft Guide should clarify whether it was the asset that was encumbered or the right of the grantor in the asset.
Mr. Macdonald(Canada) said that the key question was the extent to which the draft Guide should go beyond secured transactions law and address general conflict-of-law rules.
Accordingly, the draft Guide should clarify that it was for the court to assess the reasons for failure to act by the insolvency representative.
Mr. Voulgaris(Greece) said that, in his opinion, the draft Guide should describe the existing situation for the benefit of practitioners.
It was suggested that the draft Guide should set out the questions relating to the impact of new legislation on priority issues and suggest possible answers.
It was also noted that, under the proposed approach, the draft Guide should cover only those financial leases that created a security right or an acquisition financing right.
The view was stated that the draft Guide should emphasize the importance of an adequate judicial infrastructure in order to facilitate the stay.
Various views were expressed as to whether the draft Guide should address security rights in certain directly held securities(see A/CN.9/620, paras. 99-107).
More specifically, the draft Guide should reflect the fact that different liability regimes would apply depending upon whether fraudulent or negligent conduct was implicated.
If relief from the stay was to be granted, the draft Guide should clearly set out the applicable grounds, whether lack of adequate protection, reduction of the value of the security or others.
It was agreed that the draft Guide should include a clear recommendation that the secured transactions legislation specify the date as of which it would enter into force(" effective date").
In respect of reorganization, the Working Group agreed that the draft Guide should clearly spell out the need to include in the estate all the assets which were crucial for reorganization to be successful.
It was suggested that the draft Guide should clarify the choice the debtor would have between different options, whether informal negotiation processes or formal court procedures.
A general remark was that the draft Guide should more clearly indicate whether each recommendation applied to either liquidation and reorganization or to both procedures.
The Working Group agreed that the draft Guide should recommend that the treatment of secured creditors for the purposes of the submission of claims be clearly set forth in the insolvency law.
Another suggestion was that the draft Guide should clarify that the term" similar proceedings" covered discovery and depositions in countries where such methods of obtaining evidence were used.
The flexibility which the draft guide should provide with the respect to acquisition financing rights(chapter XII), in particular retention of title, should be re-examined, given their special character.