Exemples d'utilisation de Effects of assignments en Anglais et leurs traductions en Français
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Official
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Colloquial
Study on the law applicable to third-party effects of assignments of receivables.
Those articles may differ from article 12of the Rome Convention, to the extent the Rome Convention addresses third-party effects of assignments.
The European Commission was asked to study the matter of the law applicable to third-party effects of assignments, a matter also addressed in the United Nations Assignment Convention.
In addition, the secretariat had been urged to continue cooperating closely with the European Commission with a view to ensuring a coordinated approach to the law applicable to the third-party effects of assignments of receivables.
With regard to the last topic, at its resumed fortieth session,the Commission confirmed the approach followed in the United Nations Assignment Convention with regard to the law applicable to third-party effects of assignments, but agreed to explain further in the commentary the alternative approach based on the law governing the assigned receivable see A/62/17(Part II) paras. 82-92.
In the context of the European Commission proposal for a regulation of the European Parliament and the Council on the law applicable to contractual obligations(Rome I), the law of the assignor's location andthe law governing the assigned receivable were being discussed as the options for the law applicable to third-party effects of assignments.
The rules are intended to facilitate financing by removing uncertainty encountered in various legal systems as to recognition and effects of assignments in which the assignor, the assignee and the debtor are not in the same country.
Coordination with the European Commission to ensure that a coordinated approach is adopted with respect to the law applicable to third-party effects of assignments of receivables.
The Commission noted in particular efforts of the European Commission towards a new community instrument in which the issue of the law applicable to third-party effects of assignments, which had been settled in article 22 of the United Nations Convention on the Assignment of Receivables in International Trade(General Assembly resolution 56/81, annex) by reference to the law of the State in which the assignor was located.
The European Commission is conducting consultations in order toprepare a study on the law applicable to third-party effects of assignments of receivables.
For example, if the European Union andits major trading partners have different rules with respect to the law governing third-party effects of assignments, in a priority conflict between a United States assignee and a German seller with a retention of title extending to the proceeds from the further sale of the goods, different laws would apply to the same priority conflict depending on whether the dispute is brought before a United States or a German court.
In this light,in its comments on the Green Paper, the German Government noted that it is worth examining whether any new European legislation on the law applicable to third-party effects of assignments should be aligned with the United Nations Assignment Convention.
At its thirty-seventh session in 2004, the Commission noted efforts in the European Commission towards development of a new community instrument in which the issue of the law applicable to third party effects of assignments, which had been settled in article 22 of the United Nations Convention on the Assignment of Receivables in International Trade(the"United Nations Assignment Convention") by reference to the law of the State in which the assignor was located.
The Commission may wish to request the Secretariat to continue coordinating with the European Commission with a view to avoiding any conflict between the Receivables Convention andany text to be prepared by the European Commission on the law applicable to the third-party effects of assignments of receivables see also A/CN.9/707, para. 34.
The Commission next considered the question of whether efforts should be undertaken with a view to ensuring consistency between a proposed European Union instrument on the law applicable to the third-party effects of assignments of receivables and the United Nations Convention on the Assignment of Receivables in International Trade, which addressed that issue.
The Commission may also wish to note that, while Regulation(EC) No. 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations(Rome I)did not address the issue of the law applicable to the third-party effects of assignments of receivables, the European Commission is considering the preparation of a study on the matter.
Recalling its decision at its forty-sixth session, in 2013,to request the Secretariat to engage in discussions with the European Commission to ensure a coordinated approach to the issue of the law applicable to third-party effects of assignments of receivables, the Commission was informed of the efforts made by the Secretariat in that respect.
A number of States, including States members of the European Union, indicated that they were considering ratifying or acceding to the Assignment Convention and that, as a result,had a great interest in seeing the Union adopt an approach to the issue of the law applicable to third-party effects of assignments that would be consistent with the approach followed in article 22 of the Assignment Convention.
Chapter iii. effects of assignment.
Effects of assignment.