Examples of using The draft guide should in English and their translations into Arabic
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Colloquial
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Political
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Ecclesiastic
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Ecclesiastic
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Computer
In that connection, it was stated that the draft Guide should indicate as a characteristic of EDI and related means of communication that they covered programmable messages, the computer programming of which was the essential difference between such messages and traditional paper-based documents.
It was agreed that the draft Guide should contain an indication that, under the definitions of" originator" and" addressee" under the Model Law, the originator and the addressee of a given data message could be the same person, for example in the case where the data message was intended for storage by its author.
With respect to securities that were excluded from the scope of the draft Guide, it was agreed that the draft Guide should make it clear that such exclusion did not mean that they could not be encumbered
As to other assets, such as bank deposits, it was agreed that the decision as to whether they should be included in the draft Guide should be postponed until the Working Group had developed rules on the core commercial assets addressed in the draft Guide(i.e. goods, inventory and receivables).
In response, it was stated that various approaches could be considered as long as they led to an acceptable practical result, keeping in mind that the regime envisaged in the draft Guide should include clear rules as to priority in proceeds(A/CN.9/WG. VI/WP.2/ Add.7, paras. 51-59).
As regards the reference to" some of the issues concerning the situation of third parties" in the third sentence of paragraph 23, the view was expressed that, since the Model Law did not deal with intermediaries, the draft Guide should acknowledge that the Model Law had failed to achieve its purpose in that respect.
Mr. Kohn(Observer for the Commercial Finance Association) expressed support for the comments by the representative of the United States. The draft Guide should make it clear that a lender could acquire retention-of-title rights by subrogation or assignment from a retention-of-title seller, or alternatively that a lender should be able to create acquisition security rights.
A further suggestion was that the draft Guide should make a distinction between property or other rights(including security interests) in the assets, which would not be affected by commencement, and the exercise of those rights,
As to the use of the notion of" system rules", a view was expressed that the draft Guide should make it clear that the notion might cover two different categories of rules, namely, general terms provided by communication networks and specific rules that might be included in those general terms to deal with bilateral relationships between originators and addressees of data messages.
Mr. Bazinas(Secretariat) said that recommendation 4(b) reflected the Working Group ' s approach to security interests in intellectual property, namely that the draft Guide should apply in general to such interests, but that, in the event of inconsistencies between secured transactions law as recommended by the draft Guide and national law or international treaties pertaining to intellectual property, the latter should prevail.
It was agreed that the draft Guide should provide clarification as to whether(i)the insolvency, or rather to claims contested within the context of the insolvency proceedings.">
Mr. Zanker(Observer for Australia), expressing support for the views of the representative of Singapore, drew attention to paragraph 30 of document A/CN.9/XXXV/CRP.1/Add.2, which stated that the draft Guide should contain a clear recommendation to conciliators that they should inform the parties that information communicated to a conciliator might be revealed unless the conciliator was specifically instructed otherwise.
With regard to the relationship between liquidation and reorganization it was suggested that the draft Guide should address the limits required to ensure that the process was not abused by, for example, a debtor
As a preliminary remark, it was pointed out that the draft Guide should clarify that avoidance actions were specifically aimed at preserving the integrity of the estate and the fair treatment of creditors within the context of insolvency,
Although the view was expressed that the formulation of a plan by the debtor was not provided under all legal systems and was therefore inappropriate, the prevailing view was that the draft Guide should reflect various options, including presentation by the debtor, the creditors, the insolvency representative, either alone or in cooperation with the debtor,
As a general remark, it was pointed out that the draft Guide should clarify the distinction between the creditors committee on the one hand, irrespective of the structure and prerogatives it might be given in various legal systems,
Paragraph 55 of the draft Guide should be retained for the benefit of legislators.
Substantive issues dealt with in the draft Guide should be discussed in detail in the Working Group.
