| Budget Amount *help |
¥2,275,000 (Direct Cost: ¥1,750,000、Indirect Cost: ¥525,000)
Fiscal Year 2010: ¥1,235,000 (Direct Cost: ¥950,000、Indirect Cost: ¥285,000)
Fiscal Year 2009: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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| Research Abstract |
Under the revised Article 9 of the Uniform Commercial Code (the UCC), in general, security interests to goods should be governed by the law of the place where the debtor is situated (debtor-location rule). This conflict-of-law rule is not without problems, though conforming to the recent trend of security transactions. For the problems, some countries and UNCITRAL, both of which were affected by the revised Article9, did not choose the debtor's location as the connecting factor to security interests to ordinary goods. On the other hand, with recognizing the problems, the revised Article 9 chose the debtor-location rule as its general rule, on the ground that the security interests to goods and to account receivables should be subject to the law of the same jurisdiction. We need to clarify whether the reason of the revised Article 9 to choose the debtor-location rule is reasonable.
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