Examples of using Made effective in English and their translations into Arabic
{-}
-
Colloquial
-
Political
-
Ecclesiastic
-
Ecclesiastic
-
Computer
The law should provide that, notwithstanding recommendation 90, an acquisition financing right that is made effective against third parties within the period specified in recommendation 189, subparagraph(b), has priority as against the rights of an unsecured creditor that, before the acquisition financing was made effective against third parties,
For example, one of the questions that would need to be addressed is the impact of that change on security right made effective against third parties by registration and in particular whether
A security right in certificated non-intermediated securities made effective against third parties by delivery of the certificate to the secured creditor[with any necessary endorsement] has priority over a security right in the same securities made effective against third parties by registration of a notice with respect to the security right in the general security rights registry.
In paragraphs 38, 39 and 46(and throughout the draft Registry Guide), reference should be made to" a security right made effective against third parties by registration in the general security rights registry" rather than to" security right registered in the general registry"(see A/CN.9/767, para. 19(c)).
However, it failed to address a potential conflict, which had been dealt with in the original version, between a creditor that had a security right in a negotiable document made effective by registration and a creditor that had a security right in the goods covered by the document.
a security right made effective against third parties by registration of a notice in an intellectual property registry had priority over a security right made effective against third parties by registration of a notice in the general security rights registry.
A security right in dematerialized non-intermediated securities made effective against third parties by control has priority over a security right in the same securities made effective against third parties by registration of a notice with respect to the security right in the general security rights registry.
preserving for some time after the change of location of the assets or the grantor the third-party effectiveness of a security right created and made effective against third parties under the law of another jurisdiction.
The proposed new text therefore provided that where the security right had been made effective against third parties before the goods became subject to the negotiable document, the normal rules of priority would apply; thus, the first security right to be made effective against third parties or to become the subject of a registration would apply.
The concern was expressed that there might be some inconsistency between paragraph 1(a security right made effective against third parties by possession has priority over a security right made effective against third parties by registration) and paragraph 2(the same result, provided that certain conditions were met).
the primary rule was that the document of title prevailed except in a situation where one of the security rights had been made effective against third parties before the goods became subject to the document,
As to subparagraph(b) of recommendation 220, it was pointed out that it was equally unnecessary, as the issue of the third-party effectiveness under the new law of a security right that had been made effective against third parties under the old law was sufficiently addressed by recommendation 222.
The law should provide that the law applicable to the priority of a security right in a tangible asset made effective against third parties by possession of a negotiable document as against a competing security right made effective against third parties by another method is the law of the State in which the document is located.
As for the second case, if the originally encumbered asset is a right to payment of funds credited to a bank account made effective against third parties by control, and the grantor withdraws funds without authority to purchase a sailing yacht, the method of third-party effectiveness used for the originally encumbered assets would not be sufficient for the proceeds.
The law should provide that a security right in a right to receive the proceeds under an independent undertaking that is made effective against third parties by control has priority as against a security right made effective against third parties pursuant to recommendation 48(chapter V on the third-party effectiveness of a security right).
It was also agreed that a so-called" accommodation rule", under which a forum would equate a security right that was created and made effective under the law of the grantor ' s location to the closest equivalent of the security right under the lex protectionis, was not necessary as the text of recommendation 248 adopted gave appropriate recognition to the lex protectionis.
In other States(often those whose secured transactions law utilizes mortgage concepts), a security right is treated as another type of(outright or conditional) transfer and is, therefore, created and made effective against third parties to the same extent as any other transfer.
The fourth sentence of paragraph 9 reads:" In other States(often those whose secured transactions law utilizes mortgage concepts), a security right is treated as another type of(outright or conditional) transfer and is, therefore, created and made effective against third parties to the same extent as any other transfer".
If the Working Group were to adopt this approach, methods of achieving thirdparty effectiveness(e.g. a book entry or a control agreement) other than registration would need to be preserved and a new recommendation may need to be added to preserve the priority of rights made effective against third parties through one of these special methods.
Some States provide that security rights in movable property that loses its identity may only be preserved if they are made effective against third parties by registration in the immovable property registry, but that security rights in attachments made effective against third parties prior to the attachment retain their effectiveness without further registration.