Examples of using Commentary should explain in English and their translations into Arabic
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Colloquial
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Political
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Ecclesiastic
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Ecclesiastic
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Computer
The commentary should explain how the" risk of substantial harm"should be assessed;
He further suggested inserting the following sentence at theend of paragraph 5:" It was agreed that the commentary should explain the term'commercially reasonable standards ', giving examples.".
It was agreed that the commentary should explain the term" commercially reasonable standards" giving examples.
After deliberation,it was decided that recommendation 61 should remain unchanged and that the commentary should explain the rationale for the difference in the approaches followed in recommendations 61 and 62.
The commentary should explain how the" risk of substantial harm" should be assessed.(United Kingdom).
However, since the work for international liabilityis not likely to develop soon, the commentary should explain in what cases of circumstances precluding wrongfulness compensation is not expected.
It was also agreed that the commentary should explain the reasons for not requiring the grantor ' s identifier to be included in a cancellation notice, without discrimination to a paper or electronic registration system.
Recalling its decision to delete the bracketed text in recommendation 197(see para. 40) and its discussion of security rights in intellectual property(see para. 116),the Working Group agreed that the commentary should explain that recommendation 197 was not appropriate for security rights in intellectual property and that the matter should be considered in the context of future work.
It was also agreed that the commentary should explain that recommendation 22 dealt with the effectiveness, and not grounds for rejection, of a registration.
Recalling that, under recommendations 214 and 215, renvoi was allowed if the applicable law was the law of a multi-unit State(see para. 61),the Working Group agreed that the commentary should explain that those recommendations were applicable to federal States but not to other States with multiple units and jurisdictions in which application of renvoi could lead to great uncertainty with respect to the law applicable.
It was agreed that the commentary should explain the interaction among recommendations 45, 205 and 217, in particular with a view to explaining how the problem of a change of the grantor ' s location would be addressed under the draft Guide.
With respect to recommendation 2, paragraph(e), it was agreed that the commentary should explain that regional or international obligations of a State might require that exceptions to the recommendation be made.
The commentary should explain the relevance of internal law in determining whether a person or body is an“organ” for the purposes of the draft articles, and the irrelevance of the classification of its functions once it is determined that the organ is acting as such.
With respect to definition(bb)(" proceeds under an independentundertaking"), it was agreed that the commentary should explain that a draft accepted or obligation incurred could give rise to proceeds under an independent understanding only together with payment.
The commentary should explain that simple interpretative declarations could have legal effects only in the context of draft guideline 1.5.3, and that because of the marked differences between conditional interpretative declarations and reservations a distinction was drawn between them in draft guideline 1.3.
Ms. McCreath(United Kingdom) drew attention to paragraph 21 of document A/CN.9/XL/CRP.9/Add.3,which stated that it had been agreed that the commentary should explain that the term" financial contract" was defined in both the draft Guide and the UNCITRAL Legislative Guide on Insolvency Law in accordance with article 5(k) of the United Nations Convention on the Assignment of Receivables in International Trade.
The Working Group agreed that the commentary should explain that the rights and obligations of parties to acquisition financing transactions(non-unitary approach) that would not be covered by recommendations 106 and 107 would be left to other law(e.g. sale or lease law).
With regard to recommendation 226,it was agreed that the recommendation should not be changed but that the commentary should explain that a secured creditor that had initiated enforcement proceedings under the law in force before the effective date of the new law should have the option of continuing those proceedings under the old law or abandoning those proceedings and initiating proceedings under the new law.
It also agreed that the commentary should explain that the term" financial contract" was defined in both the draft UNCITRAL Legislative Guide on Secured Transactions and the UNCITRAL Legislative Guide on Insolvency Law in accordance with article 5, subparagraph(k), of the United Nations Assignment Convention and that the note to the definition of the term in the draft Guide merely explained the definition.
She therefore proposed that the commentary should explain in greater detail why States had opted for the first approach and why the draft Guide was recommending that they opt for the second approach.
The Working Group further agreed that the commentary should explain the details of the safeguards, including the role to be played by the insolvency representative, the court and the creditor committee.
The Working Group also noted that the commentary should explain that the only contractual or statutory limitations that the Guide affected were those relating to the transferability of receivables(see recommendations 23-25).
In that connection, it was agreed that the commentary should explain that the requirement for a maximum amount could be satisfied even if it was mentioned in a series of documents that referred to each other rather than in a single document.
The Chairperson said she took it that the commentary should explain the interaction between recommendations 45, 205 and 217, in particular with a view to explaining how the problem of a change in the grantor ' s location was addressed under the draft Guide.
In order to address that concern, it was agreed that the commentary should explain that recommendation 81, subparagraph(c), would not apply at all to any intellectual property licence and that recommendation 80, subparagraph(b) would apply to an intellectual property licence other than a software licence covered in recommendation 244.
It was stated that, if paragraph 3 were retained, the commentary should explain:(a) why a copy of any changes to a notice should be sent only to the person identified in the notice as the secured creditor; and(b) that the term" user" referred to a registrant or a searcher, but not to a grantor.
Furthermore, it was agreed that the commentary should explain that:(a) an amendment changing the identifier of the grantor would be indexed by adding the new grantor identifier as if it were a new grantor;(b) in such a case, a search under either the old identifier or the new identifier of the grantor would reveal the registration; and(c) that approach would not cause any confusion as the notices would be indexed in a sequential order.
With regard to recommendation 202, it was agreed that the commentary should explain that a possible effect of the recommendation might be that lenders could not confidently lend against existing tangible assets without investigating both the history of the location of the assets and whether they constituted assets subject to specialized registration under the law of any State in which they were previously located or whether they might be the subject of a specialized registration in any other State.
With respect to subsection A. 3(correction of erroneous lapse or cancellation),it was agreed that the commentary should explain that:(a) regardless of whether the lapse or cancellation of the registered notice was erroneous or not, a new initial notice was required to correct the lapse or cancellation and re-establish third-party effectiveness; and(b) the matter might be discussed together with voluntary cancellation under a revised heading(" effect of lapse or cancellation").
With respect to subsection A. 3(description of encumbered assets),it was agreed that:(a) the commentary should explain that the description of an encumbered asset could be specific or generic, depending on the nature of the asset and the grantor ' s estate; and(b) the description of serial number assets should be discussed as an option(not a requirement), permitting also serial number indexing and searching, and clarifying that a negative search result after a serial number search should not be relied upon.