Examples of using Formal validity in English and their translations into Russian
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Official
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Colloquial
Formal validity is addressed by way of a private international law rule.
Indeed, the principle of the relativity of reservations applies irrespective of the reservation's permissibility or formal validity.
Under such an approach, article 8 would address formal validity and article 9 material validity. .
Differing views were expressed, however,as to the law that was most appropriate to govern formal validity.
The formal validity of such a will will be determined on the basis of the Hague Convention of 1961 which Great Britain ratified in 1963.
The Working Group recalled that aprincipal purpose of paragraph(6) was to confirm the formal validity of arbitration agreements incorporated by reference.
Such unilateral statements are, in reality, reservations and accordingly must be treated as such,including with respect to their permissibility and formal validity.
Most often, courts make rulings not on the formal validity of the detention order, but on the"lawfulness of detention pending expulsion.
These unilateral statements are, in reality, nothing more than reservations and will be treated as such,including with respect to their substantive and formal validity.
It would thus be incongruous to propose draft guidelines that made the formal validity of an interpretative declaration condition upon respect for such a procedure.
The chapeau of article 21, paragraph 1, cumulatively refers to consent to the reservation(the reference to article 20),permissibility(art. 19) and formal validity art. 23.
The right to a determination by a court of law of the substantive and formal validity of decisions, etc., covered by article 6 is provided for in different parts of Swedish legislation.
Section 4.5 addressed the consequences of an invalid reservation-- i.e., one that did not meet the conditions of permissibility and formal validity set out in parts 2 and 3 of the Guide.
In order to avoid such complications, it was suggested that the formal validity of the assignment as a transfer of property should be explicitly addressed in the draft Convention, perhaps by reference to the law of the assignor's location.
Form of assignment The suggestion was made that a new provision should be included in chapter V to address the law applicable to the formal validity of the assignment and the contract of assignment.
One view was that subjecting formal validity to the law of the assignor's location would enhance certainty and would simplify compliance on the part of the assignee, which might have an impact on whether priority would be vested in the assignee.
In order to avoid the very difficult question of form,it had been established as a"safe harbour" rule, that formal validity would be determined by the law of the assignor's location.
However their formal validity is limited due to the lack of formal approval by the General Assembly, despite repeated efforts by the Secretary-General to urge Member States to accept the Guiding Principles as"the basic international norm" for the protection of IDPs.
It was noted that,after the deletion of the provision that dealt with form of an assignment, formal validity was left to the law applicable outside the draft Convention.
The rule is that, as a matter of substantive validity( formal validity is left to the law applicable under article 8), an agreement between the assignor and the assignee, as defined in article 2, is sufficient for the transfer of property rights in receivables.
In such a situation, it is not an interpretative declaration but a reservation, which should be treated as such andmust therefore meet the conditions for the permissibility and formal validity of reservations.
The Supreme Court shall base its decision on the formal validity of the documentation submitted; on full proof of the identity of the wanted person; on the rule of double jeopardy; on the equivalence of the ruling issued abroad; and, where appropriate, on compliance with the provisions of international treaties.
Any variation by the parties of the law to be applied made after the conclusion of the contract shall not prejudice its formal validity under article 9 or adversely affect the rights of third parties.
The guidelines contained in section 4.5(Consequences of an invalid reservation) of the Guide to Practice were likely to merit particular attention,in that the Vienna Convention did not deal explicitly with the legal effects of a reservation that failed to meet the conditions of permissibility and formal validity.
Her delegation endorsed the approach taken in guideline 4.1, namely that, in addition to acceptance, the conditions of permissibility and formal validity must be fulfilled in order for a reservation to be established.
In view of the fact that priority presupposed both substantive and formal validity, it was noted that an assignee would have to ensure that it had a valid assignment under the provisions of the draft Convention and under the law governing formal validity, as well as priority under the law of the assignor's location.
As a matter of general policy, it was widely agreed that in cases(a) to(c) the reference orother link to a written contractual document containing an arbitration clause should be sufficient to establish the formal validity of the arbitration agreement.
New provision on form in chapter V:Regarding the question of whether to include in chapter V of the Convention a provision to address the law applicable to the formal validity of the assignment and to the contract of assignment itself, the Committee believes that the inclusion of provisions clarifying the law applicable to such matters would be appropriate.
That being so, the principal objective of his first report had been to arrive at a definition of a strictly unilateral act,with a view to facilitating the future preparation of more detailed reports setting out rules relating to the performance, formal validity, effects, interpretation, invalidity, duration, amendment and termination of such acts.
There was general agreement that one of the main purposes of a revision of article 7 of the UNCITRAL Model Law on Arbitration should be to recognize the formal validity of arbitration agreements that came into existence in certain factual situations as to which courts or commentators had differing views on whether the form requirement set forth in the current text of article 7, paragraph(2), of the Model Law was met.