Transfer of rights

Transfer of rights

Non assignability of rights

Rights and obligations of the assignor and the assignee

Right of Control Draft article 54, Transfer of rights Draft article 59, Transfer of rights Draft article 61 bis

quot (7) An assignee asserting rights under this article has no fewer rights than an assignee asserting rights under other law.

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

Clearing houses and transferring patent rights

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. 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.

1. The law of the State in which the assignor is located governs the priority of the right of an assignee in the assigned receivable over the right of a competing claimant.

1. If proceeds are received by the assignee, the assignee is entitled to retain those proceeds to the extent that the assignee's right in the assigned receivable had priority over the right of a competing claimant in the assigned receivable.

(b) The right of an assignee under an outright assignment of receivables

Article 24. Competing rights of assignee and insolvency administrator or creditors of the assignor 30 44 9

Article 24 . Competing rights of assignee and insolvency administrator or creditors of the assignor

(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

(a) Personal or property rights securing or supporting payment of the assigned receivable are transferred to the assignee without a new act of transfer.

2. If proceeds are received by the assignor, the right of the assignee in those proceeds has priority over the right of a competing claimant in those proceeds to the same extent as the assignee's right had priority over the right in the assigned receivable of that claimant if

Article 23. Competing rights of several assignees 18 29 6

Law applicable to the mutual rights and obligations of the assignor and the assignee

Page Article 26. Law applicable to the rights and obligations of the assignor and the assignee 56 64 16

Conclusions reached by the Working Group on transfer of rights

Now, the War Department gave me no choice.

(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

The right of an assignee in an assigned receivable has priority over the right of an insolvency administrator and creditors who obtain a right in the assigned receivable by attachment, judicial act or similar act of a competent authority that gives rise to such right, if the receivable was assigned before the commencement of such insolvency proceeding, attachment, judicial act or similar act.

(b) under article 61 (previously 59) transfers its rights.

4. If a receivable is assigned pursuant to a contract of assignment concluded before the date when this Convention enters into force in respect of the Contracting State referred to in article 1, paragraph 1 (a), the right of the assignee has priority over the right of a competing claimant with respect to the receivable to the extent that, under the law that would determine priority in the absence of this Convention, the right of the assignee would have priority.

4. If a receivable is assigned pursuant to a contract of assignment concluded before the date when the denunciation takes effect in respect of the Contracting State referred to in article 1, paragraph 1 (a), the right of the assignee has priority over the right of a competing claimant with respect to the receivable to the extent that, under the law that would determine priority under this Convention, the right of the assignee would have priority.

The right of an assignee in an assigned receivable has priority over the right of an insolvency administrator and creditors who obtain a right in the assigned receivable by attachment, judicial act or similar act of a competent authority that gives rise to such right, if the receivable was assigned and notification was received by the debtor before the commencement of such insolvency proceeding, attachment, judicial act or similar act.

Moral rights are not transferable and are not limited in time.

The right of an assignee in an assigned receivable has priority over the right of an insolvency administrator and creditors who obtain a right in the assigned receivable by attachment, judicial act or similar act of a competent authority that gives rise to such right, if the receivable was assigned, and data about the assignment were registered under section II of this annex, before the commencement of such insolvency proceeding, attachment, judicial act or similar act.

Rights to pension and disability insurance are inalienable personal material rights and they cannot be transferred to or inherited by other persons.

(ii) providing for a stay of the right of individual assignees or creditors of the assignor to collect the receivables during the insolvency proceeding

As to the contents of the private international law rule to be included in draft article 24, the Working Group agreed that competing rights of the assignee and the assignor apos s creditors should be distinguished from competing rights of the assignee and the administrator in the insolvency of the assignor.

He doesn't lose the water right, he just chooses to apply that right, or some portion of it, to the stream, instead of to the land.

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.

(i) Another assignee of the same receivable from the same assignor, including a person who, by operation of law, claims a right in the assigned receivable as a result of its right in other property of the assignor, even if that receivable is not an international receivable and the assignment to that assignee is not an international assignment

1. A personal or property right securing payment of the assigned receivable is transferred to the assignee without a new act of transfer. If such a right, under the law governing it, is transferable only with a new act of transfer, the assignor is obliged to transfer such right and any proceeds to the assignee.

quot (b) any right of the administrator in the insolvency of the assignor,

(b) Respect for the right of women to work and their reintegration in employment

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

quot (5) Except as provided in this article, this Convention does not affect the rights of the insolvency administrator or the rights of the assignor apos s creditors.

The material right is the right of the holder of intellectual property to exploit his work, and this right is realized by publication, copying, putting into circulation, transferring or in any other appropriate way.

quot Without prejudice to the rights of the insolvency administrator and the assignor apos s creditors

This class of treaties includes other treaties concerned with the grant of reciprocal rights to nationals resident on the territory of the respective parties, including rights of acquisition of property, rights of transfer of such property and rights to acquire it by inheritance.