The moment of property transfer shall be decisive for the determination of this value.

Article 13. Agreements limiting the assignor s right to assign 227 231 54

1. Unless otherwise agreed between the assignor and the assignee, the assignor represents at the time of conclusion of the contract of assignment that

The law should provide that the following matters are governed by the law of the State whose law governs an assigned receivable, a transferred negotiable instrument or a transferred negotiable document

36. Income transfers have also been achieved by keeping the prices of certain public services relatively stable over a long period of time.

(iv) providing for the right of the insolvency administrator to borrow using the assigned receivables as security to the extent that their value exceeds the obligations secured, or

If neither assignee registers, priority is determined on the basis of the time of the assignment.

(1) With the exception of matters which are settled in this Convention, the effectiveness validity of an assignment as between the assignor and the assignee and the mutual rights and obligations of the assignor and the assignee are governed by the law expressly chosen by the assignor and the assignee.

1. As between the assignor and the assignee, unless otherwise agreed and whether or not notification of the assignment has been sent

(a) Assignments of international receivables and to international assignments of receivables as defined in this chapter, if, at the time of conclusion of the contract of assignment, the assignor is located in a Contracting State and

Proposal from a Party Draft decision regarding the transfer of technologies

quot (1) A receivable is transferred to the assignee notwithstanding any agreement between the assignor and the debtor limiting in any way the assignor apos s right to assign its receivables.

(b) In the case of an assignment by the initial or any other assignee ( subsequent assignment ), the person who makes that assignment is the assignor and the person to whom that assignment is made is the assignee.

3. In an international assignment, the assignor and the assignee are considered, unless otherwise agreed, implicitly to have made applicable to the assignment a usage that in international trade is widely known to, and regularly observed by, parties to the particular type of assignment or to the assignment of the particular category of receivables.

In the case of a subsequent assignment, the person that makes that assignment is the assignor and the person to which that assignment is made is the assignee.

In addition, it was stated that, particularly in the case of successive assignments, the time of assignment might be difficult to ascertain.

(b) The conditions under which the assignment of the receivable, the transfer of the negotiable instrument or the transfer of the negotiable document can be invoked against the account debtor, the obligor on the negotiable instrument or the issuer of the negotiable document and

(b) A right securing payment of the assigned receivable may be transferred notwithstanding any agreement between the assignor and the account debtor or other person granting that right, limiting in any way the assignor's right to assign the receivable or the right securing payment of the assigned receivable

quot (2) Nothing in this article affects any obligation or liability of the assignor to the debtor in respect of an assignment made in breach of an agreement limiting in any way the assignor apos s right to assign its receivables, but the assignee is not liable to the debtor for such a breach. quot

Technology transfers could not be mandated by the General Assembly, but required mutual agreements establishing the terms of such transfers.

An assignment is international if, at the time it is made, the places of business of the assignor and the assignee are in different States.

(b) an assignment of receivables that are not specified individually is effective to transfer receivables that can be identified as receivables to which the assignment relates, at the time agreed upon by the assignor and the assignee and, in the absence of such agreement, at the time when the receivables arise.

In response to a question, it was observed that an assignment aimed solely at relieving the assignor from recourse in case of debtor default would be covered, under the present formulation of paragraph (1), as an assignment made quot for value quot .

FCCC SBSTA 1997 INF.5 Development and transfer of technology Proposal from a Party. Draft decision regarding the transfer of technology

FCCC SBSTA 1997 INF.5 Development and transfer of technologies Proposal from a Party Draft decision regarding the transfer of technologies

However, it was pointed out that, in order to avoid creating uncertainty as to the time of the transfer of the assigned receivable, the time of the contract of assignment should be specified.

1. Unless otherwise agreed between the assignor and the assignee, the assignor or the assignee or both may send the debtor notification of the assignment and a payment instruction, but after notification has been sent only the assignee may send such an instruction.

There were several mechanisms whereby technology transfer could be achieved, but to be successful, the transfer should be a transfer of knowledge, not the transfer of a technology package (know why as well as know how).

As between assignees of the same receivable from the same assignor, the priority of the right of an assignee in the assigned receivable is determined by the order of conclusion of the respective contracts of assignment.

It was observed that, in view of the risk that, after the conclusion of the contract of assignment, the assignor might assign the same receivables to another assignee or become insolvent, it was essential to set the time of the transfer of the assigned receivables at the time of the conclusion of the contract of assignment.

(1) For the purposes of this Convention, assignment means the transfer by agreement from one party ( assignor ) to another party ( assignee ) of its right to payment of a monetary sum ( receivable ) owed by another party ( debtor ) in return for value, credit or related services given or promised by the assignee to the assignor.

Imposition of an obligation to resell at a minimum price

(a) The assignor has the right to assign the receivable

Transfer of rights securing the assigned receivables

3. A registration may be made in advance of the assignment to which it relates. The regulations will establish the procedure for the cancellation of a registration in the event that the assignment is not made.

(iii) permitting substitution of the assigned receivables for new receivables of at least equal value,

2. Unless otherwise agreed between the assignor and the assignee, the assignor does not represent that the debtor has, or will have, the ability to pay.

(3) A receivable assigned by the assignee to a subsequent assignee is transferred notwithstanding any agreement limiting in any way the assignor apos s right to assign its receivables.

Several MEAs contain specific provisions on technology transfer which may include financial mechanisms to facilitate such transferArticle 10 of the Montreal Protocol established a financial mechanism, the Multilateral Fund, for the purpose of providing financial and technical cooperation, including for the transfer of technologies.

(c) International transfer Transfers of agents and equipment

C. Transfer and assignment

One suggestion was that the words quot to the assignor quot at the end of paragraph (1) should either be deleted or be supplemented by the words quot or to another person quot in order to avoid excluding from the scope of the draft Convention assignments in which value, credit or related services were given or promised not to the assignor but to another person affiliated with the assignor or to whom the assignor owed a debt.

As between assignees of the same receivable from the same assignor, the priority of the right of an assignee in the assigned receivable is determined by the order in which notification of the respective assignments is received by the debtor. However, an assignee may not obtain priority over a prior assignment of which the assignee had knowledge at the time of conclusion of the contract of assignment to that assignee by notifying the debtor.

Denmark would need an agreed definition of transfer of technology before including information on that matter in its communication.

After discussion, the Working Group decided that paragraph (1) should be revised to provide that competing rights of the assignee and the assignor apos s creditors should be governed by the law of the country in which the assignor had its place of business.