• Search Research Projects
  • Search Researchers
  • How to Use
  1. Back to previous page

Reform of the Law of Secured Transactions in the U.S.and Its Implications for Japan

Research Project

Project/Area Number 08620033
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Civil law
Research InstitutionKYOTO UNIVERSITY

Principal Investigator

KINAMI Atsushi  Kyoto University Faculty of Law Professor, 大学院・法学研究科, 教授 (30144314)

Project Period (FY) 1996 – 1998
Project Status Completed (Fiscal Year 1998)
Budget Amount *help
¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 1998: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1997: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1996: ¥1,000,000 (Direct Cost: ¥1,000,000)
KeywordsSeavred Transaction / Uniform Comercial Code / UCC / Uniform Law Movement / Law Reform / American Law
Research Abstract

This is a three-year research on the revision process of the Uniform Commercial Code Article 9 and the resulting reform of personal property security interest law in the United States with a view of obtaining its implications for Japan.
The Uniform Commercial Code is a uniform act prepared and promulgated by the National Conference of commissioners on Uniform State Laws and the American Law Institute that is intended to be enacted by each state of the United States. Both organizations are engaged in uniform law movement and law reform movement..
In 1993, they resolved to revise the 1972 version of Article 9. and the revision was completed in July 1998. In March 1999, the official text with comments of the 1998 version of Article 9 was published. The Revised Article 9 has already been under consideration of some state legislatures. If everything goes according to plan, it will become the law in a significant number of states, effective July 1, 2001.
This revision of Article 9 seeks greater certainty through expanding the scope of property and transactions covered by Article 9, and simplifying and clarifying the rules for creation, perfection, and enforcement of security interest.
This research has focused on uniform law reform movement in order to have better understanding of the revision process of Article 9, and on ideas and components which lead this revision of Article 9. It is not yet a time to say how successful the revision is until a substantial number of states will have enacted the 1998 revision of Article 9 and see how it is used and applied. I would like to give close look at Article 9 and report how well it is doing.

Report

(4 results)
  • 1998 Annual Research Report   Final Research Report Summary
  • 1997 Annual Research Report
  • 1996 Annual Research Report
  • Research Products

    (6 results)

All Other

All Publications (6 results)

  • [Publications] "京都大学法学部創立百周年記念論文集" 有斐閣, 543 (1999)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      1998 Final Research Report Summary
  • [Publications] "現代における物権法と債権法の交錯" 有斐閣, 453 (1998)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      1998 Final Research Report Summary
  • [Publications] Atsushi, Kinami: "Uniform Law Movement and Legislative Power" Centennial Essays for Kyoto University Faculty of Law. Volume 1. 115-142 (1999)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      1998 Final Research Report Summary
  • [Publications] Atsushi, Kinami: "Property Law Construct and Contract Law Construct of Transfer and Pledge of Securities" The Borderland of Property Law and Obligations Law. 119-148 (1998)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      1998 Final Research Report Summary
  • [Publications] "現代における物権法と債権法の交錯" 有斐閣, 453 (1998)

    • Related Report
      1998 Annual Research Report
  • [Publications] "京都大学法学部創立百周年記念論文集第1巻" 有斐閣, 543 (1999)

    • Related Report
      1998 Annual Research Report

URL: 

Published: 1996-04-01   Modified: 2016-04-21  

Information User Guide FAQ News Terms of Use Attribution of KAKENHI

Powered by NII kakenhi