2004 Fiscal Year Final Research Report Summary

UNIDROIT Convention on International Interests in Mobile Equipment and the desirable response of Japan

Research Project

Project/Area Number	14520046
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	The University of Tokyo
Principal Investigator	DOGAUCHI Hiroto The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (40155619)
Project Period (FY)	2002 – 2004
Keywords	security interests / UNIDROIT / UNCITRAL / Security Trust / Registration system
Research Abstract	(1)In order to research on the UNIDROIT convention, the comparative study of other international treaties guidelines, and model laws is required. The translations of OHADA's Uniform act organizing securities and OAS's Inter-American Law on secured Transactions have been already accomplished. (2)The private draft on the new land security law has been published. It focuses on the private enforcement of the securities, the relaxation of the conditions for ascertaining the secured debts, and the new registration system. (3)On the law of the security interests in movables, the desirable interpretation of the new law will be published in the second edition of my textbook. (4)The security trust should be admitted and there is no legal obstacle for adopting the trust device in its situation. (5)The registration system relating to the security interests should be the "warning-flag" type, not for the publicity of the detailed contents of the rights.