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.
The main objective of article 8 is to provide assignees the certainty that, if they meet the form requirements of a single jurisdiction, their assignments(including the contract of assignment) would be valid as to form.
This view is split though as to which law should apply, the law governing the assignment contract(art. 12.1) or the law governing the contract from which the assigned right arises(art. 12.2).
因此,转让合同的有效性应根据瑞士法律来确定,而利息问题则应根据债务所适用的法律来确定。
Hence, the validity of the assignment contract should be decided according to Swiss law and issues of interest shall be decided based on the law applicable to the obligation.
Of this total, around R$106 billion is forecast to come from the onerous assignment contracts.
(c)将受附件第三节所列基于转让合同时间的优先权规则的约束。
(c) will be bound by the priority rules based on the time of the contract of assignment set out in section III of the annex.
如无相反证据,则推定与转让合同关系最密切的是转让人营业地所在国。
In the absence of proof to the contrary, the contract of assignment is presumed to be most closely connected with the State in which the assignor has its place of business.
时间最早的受让人如在缔结转让合同时有不诚实行为,则不得要求享有优先权。
The earliest assignee may not assert priority if it acted in bad faith at the time of the conclusion of the contract of assignment.
第三百四十二条技术转让合同包括专利权转让、专利申请权转让、技术秘密转让、专利实施许可合同。
Article 342nd franchise contract includes the transfer of technology transfer, the transfer of patent rights, technology transfer secret, patent license contract..
第十一条国家收入由基金管理中心负责向项目业主或按减排量转让合同约定向减排量购买方收取。
Th State revenues by Fund Management Centre is responsible for project owners or by scope of transfer to the emission reduction purchase contract charge.
不过,第8条并不采用单一适用的法律以便避免干扰有关适用于转让合同形式的法律的现行理论。
However, article 8, does not introduce a single applicable law so as to avoid interfering with current theories as to the law applicable to the form of the contract of assignment.
第10条规定的规则是,在转让合同订立时,转让在转让人与受让人之间以及对债务人即生效。
The rule under article 10 is that an assignment is effective, as between the assignor and the assignee, as well as against the debtor, at the time when the contract of assignment is concluded.
如果应收款系经法律的实施而转移,则该项转移的受益人优先于声称拥有较早日期的转让合同的受让人。
If a receivable is transferred by operation of law, the beneficiary of that transfer has priority over an assignee asserting a contract of assignment of an earlier date.
经讨论,工作组决定,当事双方根据第(1)款选择的法律应同时适用于转让合同和转让的专有权性质。
After discussion, the Working Group decided that the law chosen by the parties under paragraph(1) should apply to both the assignment contract and the proprietary effects of the assignment..
Iii)一切与工业产权、产权使用许可合同或转让合同有关的文件;.
(iii) Any documents related to industrial property rights, licensing contracts and transfers of such rights;
技术转让合同应采用书面形式。
Technology transfer contract shall be in writing.
以转让合同时间为准的优先权规则.
Priority rules based on the time ofthe contract of assignment.
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