JOURNAL ARTICLE

Comparative secured transactions law: how and to what extent do global standards affect the reform of Japanese inventory financing law.

  • Published In: Uniform Law Review, 2024, v. 29, n. 2. P. 189 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Aoki, Noriyuki 3 of 3

Abstract

The article focuses on Japan’s ongoing legislative reform of secured transactions law concerning inventory financing, undertaken by the Committee of Secured Transactions Law Reform under the Ministry of Justice since March 2021. While Japan’s conventional security device—an ownership transfer type security right—will be preserved rather than replaced by the modern functional security rights framework exemplified by the United Nations Commission on International Trade Law’s (UNCITRAL) Model Law on Secured Transactions, the reform incorporates selected modern principles to enhance reliability and publicity of security interests. Key proposed changes include adopting a first-to-register-or-actual-possession priority rule for competing security rights, extending perfection to after-acquired inventory components within an aggregate, and clarifying the treatment of receivables as proceeds, while maintaining traditional features such as fictitious delivery and protections for informal “friendship lending.” The reform aims to balance international standards with Japan’s established legal practices and commercial realities, potentially serving as a model for other jurisdictions seeking to modernize secured transactions law.

Additional Information

  • Source:Uniform Law Review. 2024/06, Vol. 29, Issue 2, p189
  • Document Type:Article
  • Subject Area:Business and Management
  • Publication Date:2024
  • ISSN:11243694
  • DOI:10.1093/ulr/unae027
  • Accession Number:181969603
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