Article 48. Delivery when no negotiable transport document or negotiable electronic record is issued

Article 49. Delivery when negotiable transport document or negotiable electronic transport record is issued

When no negotiable transport document or no negotiable electronic transport record has been issued, the following paragraphs apply

When a negotiable transport document or a negotiable electronic transport record has been issued, the following paragraphs apply

(a) under article 7 (previously 4) agrees with the carrier to replace a negotiable transport document by a negotiable electronic transport record or to replace an electronic transport record by a negotiable transport document, or

(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

The law should provide that a security right in a negotiable document and the goods represented thereby is subject to the rights under the law governing negotiable documents of a person to whom the negotiable document has been duly negotiated.

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

(c) The determination of whether the obligations of the account debtor, the obligor on the negotiable instrument or the issuer of the negotiable document have been discharged.

(a) The relationship between an account debtor and the assignee of the receivable, between an obligor under a negotiable instrument and the transferee of that instrument or between the issuer of a negotiable document and the transferee of that document

This article applies when no negotiable document has been issued, or, for instance in e commerce situations, when no document at all is used.

Negotiable documents

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

Article 54(2)(d) basically provides that the instructions given should be stated on a negotiable transport document.

(a) Negotiable instruments

(x) Negotiable document means, subject to law other than secured transactions law, a document that embodies a right for delivery of tangibles, such as a warehouse receipt or a bill of lading, which satisfies the requirements for negotiability under the law governing negotiable documents.

Negotiable documents of title

Negotiable documents of title

(b) Negotiable documents and

The same question arises with respect to receivables, negotiable instruments, negotiable documents and bank accounts.

These are eminently negotiable issues.

The expenditure was non negotiable.

Women's rights are not negotiable!! !

(b) The proceeds take the form of money, negotiable instruments, negotiable documents of title or bank accounts

(n) Claim means a right to the performance of a non monetary obligation other than a right in tangibles under a negotiable document.

The law should provide that the rights of a person who by other law takes rights in a promissory note or negotiable document free of claims to it holder in due course of a promissory note or negotiable document takes such asset free of a security right that is effective against third parties.

In response to a question, it was clarified that, if more than one original of the negotiable transport document was issued, all of them would have to be collected before the negotiable electronic transport record could be issued in substitution.

For example, the reference to the time factor ( from the moment etc.) has been considered not to be acceptable for a non negotiable document.

109 in A CN.9 WG.VI WP.21 Add.2). The Working Group may wish to extend the scope of recommendation 147 to cover the relationship between the issuer of a negotiable document and a transferee of the document, as the same tri partite relationship exists in the case of a transfer of a negotiable document and the same conflict of laws rule might apply.

(e) Notwithstanding paragraphs (c) and (d), the holder that did not have or could reasonably not have knowledge of such delivery at the time it became a holder acquires the rights incorporated in the negotiable transport document or negotiable electronic transport record.

First, Ukraine s territorial integrity is not negotiable.

Fighting poverty is a non negotiable objective.

(r) Use of insurance and negotiable instruments

Holders of promissory notes and negotiable documents

Negotiable instruments and other non payment obligations

This is not a negotiable thing, hunger.

The suggestion was made that thought could be given to a provision along the lines of draft article 77 of the draft instrument, which concerns the application of arbitration provisions to the holder of a negotiable transport document or a negotiable electronic transport record.

The law should provide that a security right in a negotiable document is also a security right in the goods represented by the document , provided that the issuer is in possession of the document, directly or indirectly, at the time the security right in the document is created .

The law should provide that, if a security right in a negotiable document is effective against third parties, the corresponding security right in the goods represented by the document is also effective against third parties.

This implied that that sharing was non negotiable.

Draft article 1 (p) Negotiable electronic transport record

(k) Equipment means tangibles (other than negotiable instruments, negotiable documents and inventory), used by a person in the operation of its business.

This and other broader values should be non negotiable.

The problem here is with the negotiable bill of lading.

Article 56(2)(d) (which has been suggested for deletion in A CN.9 WG.III WP.56) basically provides that the instructions given should be stated on a negotiable transport document.