時間：2015-01-01 10:26來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. Chapter IX—continued Article 32—continued 2. An assignment of an international interest created or provided for by a security agreement is not valid unless some or all related associated rights also are assigned. 3. This Convention does not apply to an assignment of associated rights which is not effective to transfer the related international interest. Article 33—Debtor ’s duty to assignee 1. To the extent that associated rights and the related international interest have been transferred in accordance with Articles 31 and 32, the debtor in relation to those rights and that interest is bound by the assignment and has a duty to make payment or give other performance to the assignee, if but only if: (a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; and (b) the notice identifies the associated rights. 2. Irrespective of any other ground on which payment or performance by the debtor discharges the latter from liability, payment or performance shall be effective for this purpose if made in accordance with the preceding paragraph. 3. Nothing in this Article shall affect the priority of competing assignments. Article 34—Default remedies in respect of assignment by way of security In the event of default by the assignor under the assignment of associated rights and the related international interest made by way of security, Articles 8, 9 and 11 to 14 apply in the relations between the assignor and the assignee (and, in relation to associated rights, apply in so far as those provisions are capable of application to intangible property) as if references: Chapter IX—continued Article 34—continued (a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment; (b) to the chargee or creditor and chargor or debtor were references to the assignee and assignor; (c) to the holder of the international interest were references to the assignee; and (d) to the object were references to the assigned associated rights and the related international interest. Article 35—Priority of competing assignments 1. Where there are competing assignments of associated rights and at least one of the assignments includes the related international interest and is registered, the provisions of Article 29 apply as if the references to a registered interest were references to an assignment of the associated rights and the related registered interest and as if references to a registered or unregistered interest were references to a registered or unregistered assignment. 2. Article 30 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest. Article 36—Assignee ’ s priority with respect to associated rights 1. The assignee of associated rights and the related international interest whose assignment has been registered only has priority under Article 3 5(1) over another assignee of the associated rights: Chapter IX—continued Article 36—continued (a) if the contract under which the associated rights arise states that they are secured by or associated with the object; and (b) to the extent that the associated rights are related to an object. 2. For the purposes of sub-paragraph (b) of the preceding paragraph, associated rights are related to an object only to the extent that they consist of rights to payment or performance that relate to: (a) a sum advanced and utilised for the purchase of the object; (b) a sum advanced and utilised for the purchase of another object in which the assignor held another international interest if the assignor transferred that interest to the assignee and the assignment has been registered; (c) the price payable for the object; (d) the rentals payable in respect of the object; or (e) other obligations arising from a transaction referred to in any of the preceding sub-paragraphs. 3. In all other cases, the priority of the competing assignments of the associated rights shall be determined by the applicable law. Article 37—Effects of assignor ’s insolvency The provisions of Article 30 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor. Article 38—Subrogation 1. Subject to paragraph 2, nothing in this Convention affects the acquisition of associated rights and the related international interest by legal or contractual subrogation under the applicable law. Chapter IX—continued Article 38—continued 2. The priority between any interest within the preceding paragraph and a competing interest may be varied by agreement in writing between the holders of the respective interests but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement. Chapter X Rights or interests subject to declarations by Contracting States Article 39—Rights having priority without registration 1. A Contracting State may at any time, in a declaration deposited with the Depositary of the Protocol declare, generally or specifically: (a) those categories of non-consensual right or interest (other than a right or interest to which Article 40 applies) which under that State’s law have priority over an interest in an object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, whether in or outside insolvency proceedings; and (b) that nothing in this Convention shall affect the right of a State or State entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under the laws of that State for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another object. 2. A declaration made under the preceding paragraph may be expressed to cover categories that are created after the deposit of that declaration. Chapter X—continued Article 39—continued 3. A non-consensual right or interest has priority over an international interest if and only if the former is of a category covered by a declaration deposited prior to the registration of the international interest. 4. Notwithstanding the preceding paragraph, a Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that a right or interest of a category covered by a declaration made under sub-paragraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of such ratification, acceptance, approval or accession. Article 40—Registrable non-consensual rights or interests A Contracting State may at any time in a declaration deposited with the Depositary of the Protocol list the categories of non-consensual right or interest which shall be registrable under this Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly. Such a declaration may be modified from time to time. Chapter XI Application of the Convention to sales Article 41—Sale and prospective sale This Convention shall apply to the sale or prospective sale of an object as provided for in the Protocol with any modifications therein. |
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