Examples of using Priority conflicts in English and their translations into Arabic
{-}
-
Colloquial
-
Political
-
Ecclesiastic
-
Ecclesiastic
-
Computer
As a private international law provision,article 24 does not settle priority conflicts.
Article 24: The new proposal on the law applicable to priority conflicts with respect to proceeds clears up some uncertainties.
In response, it was stated that a priority system would not bereliable unless it was comprehensive in covering all possible priority conflicts.
In order to address that concern, it was suggested that priority conflicts with respect to proceeds in general should be referred to the law of their location(lex situs).
All competitions between a secured creditor and any other claimants that seek to enforcerights in an encumbered asset are treated as priority conflicts.
People also translate
The term" competing claimant" is defined in article 5(m)so as to ensure that all possible priority conflicts are referred to the law of the assignor ' s location.
More than one of these approaches may effectively coexist in the same legal systeminsofar as they may apply to different types of priority conflicts.
It was also said that thepriority rules would apply in any case to priority conflicts among security rights created by the grantor or the actual owner.
Under recommendation 138, all priority conflicts are subject to the law chosen by a guarantor/issuer, confirmer or nominated person or, in the absence of a choice of law, to the law of the relevant branch or office.
It was stated that it was of utmost importance for financiers to beable to easily determine the law governing the priority conflicts covered in draft article 23.
For example, there may be priority conflicts between creditors enforcing a mortgage on land and creditors with a security right in an attachment to that land.
The general rules applicable to the priority ofsecurity rights in movable property apply to priority conflicts between security rights in attachments to movable property.
In these States, competitions involving claimants whose claims are limited to one or more assets of the debtor(notably sellers that have retained title and subsequent acquirers of a debtor ' s assets)are not normally characterized as priority conflicts.
The Chairperson suggested that the commentary shouldexplain that recommendation 73 did not apply to priority conflicts between secured creditors that took a security right in an asset from different grantors.
It was also observed that priority conflicts with respect to insurance receivables were typically referred to the law of the insurer ' s location, while priority with respect to negotiable instruments was referred to the law of their location.
Modern secured transactions regimes typicallyhave rules that address at least two priority conflicts involving negotiable documents, such as negotiable warehouse receipts and bills of lading.
In addition, referring priority conflicts in the case described to the law of the assignor ' s location would be particularly appropriate since that law required registration and third parties would normally expect the assignor ' s law to apply.
With regard to recommendation 73, it was agreed that the text should berevised to clarify that it did not apply to priority conflicts between secured creditors that took a security right in an asset from different grantors(see also para. 57(a), below).
The principles that should governpriority conflicts under both unitary and non-unitary approaches, including priority conflicts where different methods for achieving third-party effectiveness have been used(see A/CN.9/631, recommendation 193, unitary and non-unitary approach), are discussed below in the section on priority. .
In response to a question, it was noted that, while the focus of the Guide was on security rights created by agreement(consensual security rights),it was intended to cover all potential priority conflicts, including conflicts between consensual rights and rights created by operation of law(non-consensual rights).
The Working Group also agreed that,to ensure that all priority conflicts will be covered, priority conflicts between a security right in NIS and the right of a transferee of the same NIS should be addressed(see A/CN.9/802, para. 81, and article 3 below).
Because of the importance of priority rules, a modern secured transactions regime typically incorporates a set of priority rules that are comprehensive in scope, covering a broad range ofexisting and future secured obligations and encumbered assets, and providing ways for resolving priority conflicts among a wide variety of competing claimants.
It was recalled thatdraft article 24, subparagraph(a)(i) addressed priority conflicts between convention and non-convention assignees in the case where a domestic assignment of domestic receivables was involved.
In response to a question, it was confirmed that priority conflicts between domestic and foreign assignees of domestic receivables would be addressed by draft article 2 of the annex, since draft article 24 referred it to the law of the assignor ' s location and, after a State had opted into section I of the annex, draft article 2 would be the relevant rule of the law of the assignor ' s location.
In that connection, the view was expressed that draftarticle 43 should also address priority conflicts with respect to an assignment made before the draft convention entered into force and an assignment made after the draft convention entered into force.
The principles that should govern what arecalled priority conflicts under the unitary approach, including priority conflicts where different methods for achieving third-party effectiveness have been used(see recommendations 176-182), and what are often questions of third-party effectiveness under the non-unitary approach(see recommendations 188-190, 192 and 194) are discussed below in section A. 7.
A comprehensive priority regime typically addresses a number of different priority conflicts relating to security rights in rights to payment of funds credited to a bank account(for a definition of" bank account", see Introduction, section B, Terminology).
A comprehensive priority regime typically addresses a number of different priority conflicts relating to security rights in rights to payment of funds credited to a bank account for a definition of" bank account", see Introduction, sect. B, Terminology and rules of interpretation, para.
Indeed, article 22 of the Convention, which expressly covers various priority conflicts, includes a conflict between an assignee of receivables and a creditor of the assignor whose retention-of-title rights in tangible assets extend to the receivables from the sale of those assets.
Effective secured transactions regimes typicallyhave rules that address at least two priority conflicts involving negotiable documents, such as negotiable warehouse receipts and bills of lading for the definition of" negotiable document", see Introduction, sect. B, Terminology and rules of interpretation, para.