Secured Transactions and Conflict-of-law Rules: How the rules have developed in Common law countries?

Research Project

Project/Area Number	23730039
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Multi-year Fund
Research Field	International law
Research Institution	University of Tsukuba
Principal Investigator	FUJISAWA Naoe 筑波大学, ビジネスサイエンス系, 准教授 (60533750)
Project Period (FY)	2011 – 2012
Project Status	Completed (Fiscal Year 2012)
Budget Amount *help	¥2,340,000 (Direct Cost: ¥1,800,000、Indirect Cost: ¥540,000) Fiscal Year 2012: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000) Fiscal Year 2011: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Keywords	民事法学 / 国際私法 / 動産担保 / 準拠法 / 比較法学 / オーストラリア / ニュージーランド / カナダ / イギリス
Research Abstract	Under the Personal Property Securities Act 2009 (PPSA2009) enacted in Australia, the law of the jurisdiction in which the grantor is located may govern the validity, the perfection, and the effect of perfection or non-perfection of a security interest, even in relation to a security interest in tangible property such as ordinary goods. Comparing the merits and demerits of the application of the law in which the grantor is located, the parties to a security agreement may choose the law, instead of the lex rei sitae, as the applicable law to the security interest. However, this may cause some serious issues, for which Japan should not adopt PPSA2009 type of conflict-of-law rules.