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Перевод: assignee speek assignee


[прилагательное]
уполномоченный;
[существительное]
представитель ; уполномоченный ; правопреемник


Тезаурус:

  1. proposed assignee objectionable for some personal or financial reason.
  2. The lessee company ought also to check whether the original tenant paid a premium or other rent qualifying for relief; if he did, the assignee company will acquire a right to a tax deduction based on that payment.
  3. This is a direct and primary liability, though after an assignment it is normally accompanied by rights of indemnity against the first assignee, and also, where there have been further assignments, against the assignee in whom the lease is for the time being vested.
  4. The lessee is not a surety for the assignee, any more than is the assignee the agent of the lessee.
  5. The issue in this case is whether an original lessee, or an intermediate assignee of a lease, who has given a direct covenant to pay the rent and observe the covenants, is released from liability following an agreement between the lessor and the occupying assignee of the lease under which the lessor takes a surrender of the lease and some of the assignee's goods in return for releasing the assignee from all claims under the lease?
  6. There was nothing bearing on the present question, whether a release by accord and satisfaction of a claim for rent against an assignee would release the original lessee and other covenantors.
  7. Where a treaty is silent on assignability certain factors should be weighed to determine its legitimacy, for example the intention of the parties and their interests, the background to the negotiations and the circumstances at the conclusion of the treaty, the subject matter and terms of the treaty, the identity of the assignee and its relationship with the treaty parties, the impact of the assignment on the original parties, and any domestic regulations that might be relevant.
  8. Landlord and Tenant - Covenant - Release by accord and satisfaction - Assignees covenanting directly with landlord to perform covenants - Landlord releasing defaulting occupying assignee from all liabilities in return for immediate surrender of lease and goods - Whether release by accord and satisfaction - Whether operating as release of intermediate assignee from obligations under direct covenant
  9. If in refusing, he acted as a reasonable man would have done in the same position, because he entertained the same fears, having regard to the character of the proposed assignee, etc, the real purpose of the assignment, the effect of the assignment on the property or other property of the landlord, etc, the refusal will be upheld as reasonable.
  10. But it created a new kind of assignment, which was a legal assignment in the sense that the assignee might sue directly in his own name without making the assignor a party; but it made certain special requirements:
  11. Premises might be allowed to deteriorate by the proposed assignee.
  12. Suppose a landlord claims against an assignee for rent and is met by a counterclaim for damages for breach of the landlord's covenants: suppose, further, that the claim and counterclaim are compromised on the footing that neither party pays the other anything.

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