Possession of the document thus provides the holder with constructive possession of the goods.
因此,持有单证使持单人推定占有货物。
Purely fictive constructive possession techniques, such as retention of possession by the debtor under an agreement to hold as trustee or agent for the debtor, should be eliminated.
应当取消纯粹虚构的推定占有做法,例如由债务人根据由其本人作为其受托人或代理人持有实物的协议而保留占有。
One such example may be where the law attributes to the transferee or secured creditor the constructive possession of the goods transferred or pledged by virtue of an act of the parties that confers on the transferee the means for claiming control over the goods.
这方面的一个例子是,当事人赋予受让人取得货物控制权的手段,则法律允许受让人或有担保债权人推定占有根据当事人该项行为而转让或抵押的货物。
While this functional test would eliminate purely fictive forms of possession, it would also liberalize the idea of dispossession beyond physical delivery of the charged assets to include constructive possession through documentary intangibles and tangibles, and third party holdings of both corporeal and incorporeal assets on behalf of the secured creditor.
虽然这项功能标准将消除纯粹虚设的占有形式,但还将扩大关于解除占有权的概念,使之超出实际交付作保资产的范围,从而包括凭借文据无形资产和有形资产的推定占有,以及由第三方当事人替有担保债权人代为持有有形资产和无形资产。
Some legal systems provide for a non-possessory security interest, so that security can be taken over assets without taking actual possession of the assets; in other systems, as regards those assets which are not subject to a title registration system, security may only be taken by physical possession or constructive possession.
有些法律制度规定物权担保是非占有的,这样就可以用资产作抵押而担保人不实际占有资产;在其他制度中,关于那些不受所有权登记制度约束的资产,可能只能通过实际占有或推定占有作担保。
Also, the terminology section of the Guide will include a definition of "possession" that defines the term to mean actual rather than fictive or constructive possession.
指南术语部分将列入" 占有" 的一则定义,将该术语定义为系指实际占有,而不是虚拟占有或推定占有。]
As bailor, the shipper is held to have "constructive possession" of the goods.
作为委托人,发货人被认为拥有货物的" 推定占有权"。
It allows the goods to be traded during carriage because the constructive possession of the goods can be transferred from the seller to the buyer and to any subsequent buyers by transfer of the bill of lading.
它允许货物在运输过程中被买卖,因为推定的货物拥有权可以通过转让提单而从卖主转让给买主,并转让给任何随后的买主。
That situation had changed over time, but it seemed to him that a document that was not the surrender document and did not grant constructive possession of the goods could not be defined as a negotiable transport document.
这种情况随时间发展而发生变化,但是对他来说,如果一份单证不是交单,而且不担保对货物的推定拥有,那么该单证不能被定义为可转让的运输单证。
This constructive possession is essential for the pledge (from the borrower to the lender) of the underlying commodity collateral to be enforceable, so that in the event of a default the bank can take control of the stocks for which loans are being made with a view to realizing the collateral to repay the loan.
要使基本商品担保品(从借款人到放款人)的担保行之有效,这种建设性拥有权是不可或缺的,这样,一旦发生不偿还的情况,银行就可以控制贷款所抵押的存货,以变卖担保品,偿还贷款。
The possession of the traditional paper bill of lading represents constructive possession of the goods, and the right to delivery of the goods is based on the physical possession of an original document.
拥有传统纸件提单即推定拥有货物,而要求交货的权利是建立在实际拥有单据原件的基础上的。
Transfer of constructive possession of the goods and rights in the goods can thus be effected by transfer of the bill of lading.
因此,转让推定的货物拥有权和对货物的权利可以通过转让(或交付或背书)提单实现。
The CMA effectively means that the collateral manager gains "constructive possession" of the commodity on behalf of the bank.
担保品管理协议确实意味着,担保品管理人代表银行获得商品的"建设性拥有权"。