信販会社による所有権留保を活用した自動車販売の法的検討における留意点

New car sales contracts with title retention clauses

Tamura Kouiti

廣島法學

The Hiroshima Law Journal

[ISSN] 03865010

[NCID] AN0021395X

The sale of brand new cars is unspecified things trade. So double transfer of brand new car does not occur. Automobile registration system was introduced for automobile mortgage. Public notice and requirement for perfection, rather than the owner, determine superiority among the other creditors. An automobile inspection certificate is not an abstract of automobile registration. However because it must always be visible on a car, it can be considered a public notice and requirement for perfection. The transfer of the collateral by agreement from the selling company to the credit company also includes some problems. The rights of the credit company are represented by the registration of the sales company. Based on the reality of car sales, the credit company is possible to claims on a payment or right to indemnification.

Law [ 320 ]

jpn

広島大学法学会

許可なく複製・転載することを禁じる。

[ISSN] 0386-5010

[NCID] AN0021395X