Navigating the Patchwork of Secured Transactions Rules in Japan: Towards a Framework Conducive to Asset Based Lending

2021 ◽  
Author(s):  
Megumi Hara
Keyword(s):  
Secured Transactions

Secured transactions and patterns of legal change: the contribution of comparative law

2020 ◽  
Author(s):  
Francesca Fiorentini
Keyword(s):  
Comparative Law ◽  
Legal Change ◽  
Positive Law ◽  
Secured Transactions ◽  
The Many ◽  
Law Making

Abstract The article analyses the many actors and initiatives that, in the last decades, have pursued the goal of worldwide harmonization of secured transaction laws, scrutinizing the achievements and the limits of these experiments. In light of such results, the article also outlines the methodological contribution that comparative law can offer to legal change in the sector of secured transactions law, by way of confronting positive law models with meta-legal elements such as culture, society, economy, law-making processes, and geopolitics.

Towards Reforming Nigeria's Secured Transactions Law: The Central Bank of Nigeria's Attempt through the Back Door

2017 ◽  
Vol 61 (1) ◽  
pp. 131-153 ◽  
Author(s):  
Williams C Iheme ◽  
Sanford U Mba
Keyword(s):  
Central Bank ◽  
Financial Institutions ◽  
Building Blocks ◽  
Critical Examination ◽  
Personal Property ◽  
Business Operations ◽  
Commercial Code ◽  
The Us ◽  
Secured Transactions ◽  
Back Door

AbstractIn response to the inability of micro, small and medium scale enterprises (MSMEs) to access credit to finance their business operations, the governor of the Central Bank of Nigeria passed the Central Bank of Nigeria (Registration of Security Interests in Movable Property by Banks and Other Financial Institutions in Nigeria) Regulations, No 1, 2015. The purport of this regulation is, among other things, to ensure that MSMEs can use items of personal property to create security. This article critically examines the regulation in the light of the building blocks of article 9 of the US Uniform Commercial Code, which is not only a paradigmatic piece of legislation but appears to be the model on which the Nigerian regulation is based. This critical examination leads the authors to conclude that, although the regulation represents the first steps to reform, much more remains to be done to ensure effectiveness.

Legislating for a Market Economy in China

2007 ◽  
Vol 191 ◽  
pp. 567-585 ◽  
Author(s):  
Donald C. Clarke
Keyword(s):  
Civil Society ◽  
Market Economy ◽  
Law Reform ◽  
Business Organizations ◽  
Top Down ◽  
National Legislation ◽  
Chinese Law ◽  
Legal Structure ◽  
Secured Transactions ◽  
Do So

AbstractSince the early 1990s, China has come a long way in legislating the foundational rules for its reformed economy. Virtually all of the important areas – contracts, business organizations, securities, bankruptcy and secured transactions, to name a few – are now covered by national legislation as well as lower-level regulations. Yet an important feature of a legal structure suited to a market economy is missing: the ability of the system to generate from below solutions to problems not adequately dealt with by existing legislation. The top-down model that has dominated Chinese law reform efforts to date can only do so much. What is needed now is a more welcoming attitude to market-generated solutions to the gaps and other problems that will invariably exist in legislation. The state's distrust of civil-society institutions and other bottom-up initiatives suggests, however, that this different approach will not come easily.

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