Das japanische Register für Mobiliarsicherheiten

Modell für Deutschland?

Abstract

The contribution gives an introduction of the Japanese digital register for security rights in movables. This register enables the parties to register a security right in movables with third-party effects cost-effectively. On the basis of the Japanese model a register for security rights in movables for Germany is developed. In contrast to the existing discussion in Germany, that is solely focused on models guided by the Uniform Commercial Code (UCC) and the Draft Common Frame of Reference (DCFR), the developed model could be blended smoothly into the prevailing German Law of Property. Furthermore, it is guided by the interests of parties of the security contract, not by supra-individual public interests. Therefore, there is a chance, that the register could be used even if registration is not necessary as by now for the creation of a fully effective security right in movables.