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