Legal model for asset based lending (ABL) within the civil law framework

2016 Fiscal Year Final Research Report

• Project/Area Number: 25380115
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Waseda University
• Principal Investigator: Shiraishi Dai 早稲田大学, 法学学術院(法務研究科・法務教育研究センター), 准教授 (90453985)
• Project Period (FY): 2013-04-01 – 2017-03-31
• Keywords: ABL / 在庫担保 / 売掛債権担保 / フランス法 / ケベック法

Outline of Final Research Achievements

After the recent revisions, French civil code now has the provisions which would realize the security rights on movables and claims, comparable to those under UCC article 9, while utilizing the civil law concepts. On the other hand, France remains faithful to the traditional "principle of specification", thereby avoiding the risk of excessive collaterals. Finally, though French bankruptcy regulation appears to take harsh stance against secured creditors, they are actually granted the preferential treatment in the liquidation procedure, which to some extent shows French law's respect for the security rights.

Free Research Field

民法、債権法、金融担保法、倒産実体法