The Hiroshima Law Journal Volume 40 Issue 2
2016-10-28 発行


New car sales contracts with title retention clauses
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.