在 英语 中使用 To the assignor 的示例及其翻译为 中文
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As to the assignor and the assignee, party autonomy should prevail.
Another suggestion was that greatercertainty could be achieved by referring to the assignor's“principal” place of business.
One suggestion, which received broad support,was to delete the reference to the assignor's registered office.
(ii) If payment in respect of the assigned receivable is made to the assignor, the assignee is entitled to payment of the proceeds and also to goods returned to the assignor in respect of the assigned receivable; and.
Moreover, the assignor' s law was appropriate since it would be the lawgoverning the main insolvency proceeding with respect to the assignor.
Uncertainty as to the debtor' s defences and rights of set-off would also make itdifficult for the assignee to price the credit offered to the assignor.
This result would be justified by the fact that such persons wouldnormally not be extending credit to the assignor in reliance on the relevant bank or securities account.
In the case of notification, the same result could be reached through a combined application of paragraph(2) and draft article 16, paragraph(3),since the assignee could request that payment be made to the assignor.
(2) Upon receipt of data,the registry shall assign a registration number and issue and send to the assignor and the assignee a verification statement in accordance with the regulations.
Because of their purpose, representations constitute a significant factor in the assignee's determination of the amount of credit to be made available to the assignor and the cost of credit.
It was stated that often the value relied on by the lender extending credit to the assignor was in the right securing the receivable rather than in the receivable itself.
Failure of the assignor to perform the original contract does not entitle the debtor to recover from the assignee a sum paid by the debtor to the assignor or the assignee.
Likewise, once notice has been given,if part of the payment obligation is to return property to the assignor, States often provide that this property should be handed over to the assignee.
Likewise, once notice has been given, if part of the payment obligationis to return certain tangible assets to the assignor, States often provide that these assets should be handed over to the assignee.
Similarly, if payment is made to the assignor after the assignment has been made, and again regardless of whether the debtor of the receivable has received notice, the assignor should be required to remit the payment received to the assignee.
Factoring, in its most common form,is the outright sale of a large number of receivables with or without recourse to the assignor in the case of debtor default.
Recourse to the assignor for the non-collection of receivables that have been the subject of an outright transfer usually arises when the assignor has guaranteed some or all of the payment of the receivables by the debtor of the receivables.
In some cases, the arrangement between the assignor andthe assignee will be that payments are to be made to the assignor(at least before any default by the assignor). .
If the assignor is able to obtain credit on the basis of its receivables, it is likely to extend credit to the debtor of the receivable; effectiveness of the assignment isalso in the interest of an assignee that provides credit to the assignor.
Article 26 covers the specificsituations in which payment is made to the assignee or to the assignor but the assignor holds the proceeds in a separate account on behalf of the assignee.
Accordingly, this chapter on enforcement applies to the outright transfer of a receivableonly when the assignee has some recourse to the assignor for the non-collection of the receivables.
It can also be effected unilaterally, for instance,by means of an undertaking of the first ranking assignee to the assignor, empowering the assignor to make a second assignment ranking first in priority.
For example, if part of the payment obligation of the debtor of the receivableis meant to transfer a negotiable instrument to the assignor, once notice is received that negotiable instrument should be transferred to the assignee.