2. An agreement concluded after notification of the assignment between the assignor and the debtor that affects the assignee's rights is ineffective as against the assignee unless

(a) An assignment is effective as between the assignor and the assignee and as against the account debtor notwithstanding an agreement between the initial or any subsequent assignor and the account debtor or subsequent assignee limiting in any way the assignor's right to assign its receivables

quot (2) The priority between an assignee and the effectiveness of an assignment as against the insolvency administrator is governed by the law governing insolvency of the country in which the assignor has its place of business .

(b) An agreement concluded after notification of the assignment between the assignor and the account debtor that affects the assignee's rights is ineffective as against the assignee unless

1. An assignment of a receivable is effective notwithstanding any agreement between the initial or any subsequent assignor and the debtor or any subsequent assignee limiting in any way the assignor's right to assign its receivables.

(c) Notwithstanding paragraphs (a) and (b) of this recommendation, defences and rights of set off that the account debtor may raise pursuant to recommendations 15 and 16 against the assignor for breach of an agreement limiting in any way the assignor's right to make the assignment are not available to the account debtor against the assignee.

1. An agreement concluded before notification of the assignment between the assignor and the debtor that affects the assignee's rights is effective as against the assignee, and the assignee acquires corresponding rights.

(2) As between the assignor and the debtor, articles ... may be excluded or varied by agreement.

Therefore, it was suggested that the suspension of transfers of assets should not apply to transfers that occurred in the ordinary course of business, so as not to jeopardize the financial viability of the debtor apos s establishment in the enacting State.

(a) An agreement concluded before notification of the assignment between the assignor and the account debtor that affects the assignee's rights is effective as against the assignee, and the assignee acquires corresponding rights

(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.

(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

(a) Assignment means the transfer by agreement from one person ( assignor ) to another person ( assignee ) of all or part of or an undivided interest in the assignor's contractual right to payment of a monetary sum ( receivable ) from a third person ( the debtor ). The creation of rights in receivables as security for indebtedness or other obligation is deemed to be a transfer

3. Notwithstanding paragraphs 1 and 2 of this article, defences and rights of set off that the debtor may raise pursuant to article 9 or 10 against the assignor for breach of an agreement limiting in any way the assignor's right to make the assignment are not available to the debtor against the assignee.

(b) If other law creates any obligation or liability of the assignor for breach of such an agreement, the other party to such an agreement may not avoid the contract from which the assigned receivables arise or the assignment contract on the sole ground of that breach

(c) If other law creates any obligation or liability of the assignor for breach of such an agreement, the other party to such an agreement may not avoid the contract from which the assigned receivables arise or the assignment contract on the sole ground of that breach

(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

Subject to article 19, the assignor, the assignee and the debtor may derogate from or vary by agreement provisions of this Convention relating to their respective rights and obligations. Such an agreement does not affect the rights of any person who is not a party to the agreement.

1. The mutual rights and obligations of the assignor and the assignee arising from their agreement are governed by the law chosen by them.

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

2. In the absence of a choice of law by the assignor and the assignee, their mutual rights and obligations arising from their agreement are governed by the law of the State with which the contract of assignment is most closely connected.

a transaction involving the transfer of a debt or assignment of a claim.

(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.

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.

2. A right securing payment of the assigned receivable is transferred under paragraph 1 of this article notwithstanding any agreement between the assignor and the 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.

2. Nothing in this article affects any obligation or liability of the assignor for breach of such an agreement, but the other party to such agreement may not avoid the original contract or the assignment contract on the sole ground of that breach. A person who is not party to such an agreement is not liable on the sole ground that it had knowledge of the agreement.

Every act of acquisition or disposal is entered in a special register that is numbered and initialled by the mayor or the police commissioner.

It was explained that in international factoring the assignor assigned the receivables to an assignee in its own country (export factor) and the export factor assigned the receivables to an assignee in the debtor apos s country (import factor).

Rights and obligations of the account debtor and the assignee, the obligor under a negotiable instrument or the issuer of a negotiable document and the transferee

(1) As between the assignor and the assignee, articles ... may be excluded or varied by agreement.

Since no transfer could take place lawfully except by agreement between the States concerned, such an agreement would obviously contain provisions on the nationality of persons having their habitual residence in the territory to be transferred.

1. The mutual rights and obligations of the assignor and the assignee arising from their agreement are determined by the terms and conditions set forth in that agreement, including any rules or general conditions referred to therein.

3. Nothing in this article affects any obligation or liability of the assignor for breach of any agreement under paragraph 2 of this article, but the other party to that agreement may not avoid the original contract or the assignment contract on the sole ground of that breach. A person who is not a party to such an agreement is not liable on the sole ground that it had knowledge of the agreement.

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.

In response to another question, it was pointed out that the effect of an agreement between the assignor and the debtor was not limited to receivables assigned after the assignee was notified of such an agreement (article 3(1)(b) of the Ottawa Convention), on the understanding that such agreement could not exclude the application of provisions dealing with the rights of the assignee.

(a) if, at the time of the assignment, the assignor and the assignee have their places of business in a Contracting State or

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.

Effectiveness of an assignment as between the assignor and the assignee and as against the account debtor

The primary mission of the international financial institutions is precisely that of assisting such transfers.

1. The debtor may agree with the assignor in a writing signed by the debtor not to raise against the assignee the defences and rights of set off that it could raise pursuant to article 18. Such an agreement precludes the debtor from raising against the assignee those defences and rights of set off.

(f) Contribute to access to and transfer of technology

Rights and obligations of the assignor and the assignee

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.

quot (2) Without prejudice to the rights of parties in possession of the goods, a right securing payment of the assigned receivables is transferred to the assignee, notwithstanding any agreement between the assignor and the debtor, or the person granting the security right, limiting in any way the assignor apos s right to assign such a security right.

(g) If the account debtor receives notification of the assignment from the assignee, it is entitled to request the assignee to provide within a reasonable period of time adequate proof that the assignment from the initial assignor to the initial assignee and any intermediate assignment have been made and, unless the assignee does so, the account debtor is discharged by paying in accordance with this recommendation as if the notification from the assignee had not been received.