2010 Fiscal Year Final Research Report

Asset Based Lending and Conflict-of-Law Rules

Research Project

Project/Area Number	21830023
Research Category	Grant-in-Aid for Research Activity Start-up
Allocation Type	Single-year Grants
Research Field	International law
Research Institution	University of Tsukuba
Principal Investigator	FUJISAWA Naoe University of Tsukuba, 大学院・ビジネス科学研究科, 准教授 (60533750)
Project Period (FY)	2009 – 2010
Keywords	民事法学 / 国際私法 / 動産担保 / 比較法学 / ABL
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.

(2 results)