For the object of international trade
Need of the governing law decision











In the bottom of the national laws, per object of international trade, real rights, receivables or the fact that intellectual property is established, it is almost common.
However, its content is different countries.
Therefore, the object of specific international trade, if the establishment of its rights or obligations, variation or disappearance became a problem,
As a law that is to be used as a reference of its judgment, that should be selected the law of any country,
the need for the determination of the applicable law may occur. (Excerpt from the international trading Buddhist theory)

Real right
Governing Law of ownership



(1) Japan

Governing Law of ownership, which is one type on real rights is a location method of the object.
Without distinguishing between the applicable law by the subject of ownership is a personal property or real estate,
unified to have personal property, a real estate unionism (the same law principle).


(A) the establishment of ownership, content, potency
�@What are the things that can be the subject of ownership
�A chattel, distinction of real estate, the main product, distinction, etc. of Appurtenance
�B real rights specific claims


(B) acquisition and loss change of ownership (real right change)
�@ real rights fluctuation due to legal action
�A law act other than the fact (Matters, confusion, etc.) real rights variations due to








(2) New York
Although the by law of the country with the most closely related to an object and the party is a principle,
the law of the country with the most closely related, It is often understood as the location method of the object.








(3) London
By location method of the object. (Excerpt from the international trading Buddhist theory)

















Location of the object
Ships and aircraft to move international at all times







Location of the target compound, so refers to the physical location of the object, typically, is on the determination is where does not cause problems.
However, in the ships and aircraft to move international at all times, when located in the airspace of on the high seas and
high seas that does not also apply the law of the country,
Location method without, if that applicable law can not be determined from the fact that occur, special handling is carried out.
For the case where the flag State law and registered land law does not match, the theory that by a registered land law is consistent.
(Excerpt from the international trading Buddhist theory)


























Loans, debt









In international trade, but intangible becomes the subject of the transaction along with the tangible, the main ones in the intangible is a creditor.
If the creditor has become the object of transactions, receivables agreement on the transfer of receivables between the parties is to be transferred,
it referred to as the transfer of receivables.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Transfer of receivables:Transfer of receivables by agreement between the time's
Transfer of receivables in international tradeー
　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Subrogation: the transfer of receivables under the provisions of the law






Transfer of receivables:
Transfer of receivables by agreement
In international trade, domestic trade as well, creditors become the assignor, to the assignee of the existing receivables and future receivables with the
There is a case to sell the transferor. Purchase the accounts receivable as a business, factor a person who receives a transfer of receivables (Factor),
on the sale of these accounts receivable The funding method is referred to as factoring (Factor).



In Japan, subject to the transfer of receivables (possible) of the problem of the transfer is, as a matter of the efficacy of its receivables,
About by the governing law of the efficacy of receivables, it is consistent with theory.


In New York, for the transfer (possible) of the receivables to be a transfer target, according to the governing law of the bonds.



In London, for the transfer (possible) of the receivables to be a transfer target, which is established precedent that by the governing law of the bonds.
In addition, the efficacy between the establishment and the parties to the transfer of receivables act for the applicable law,
in accordance with applicable law of the transfer act itself. (Excerpt from the international trading Buddhist theory)













Then subrogation: trying to describe the transfer of receivables from the law.



























Transfer of receivables from law
Insurance subrogation
By insurer based on insurance transactions with the insured, it was to guarantee the received damage of the insured to the insured,
Damages claims against the ones that bear the damages responsibility for the insured person per damage the insured has received is,
Or transfer pursuant to the provisions of the law to the insurer than the insured, it becomes a problem, such as the requirements and effect if the transfer,
The determination of the governing law to be the criteria is required.








　　　　　　　　　　　　　　　　　　　　　　　　　　(Marine insurance contract)



Insurer　　　　　　　　　　　　　　　　　　　　　　　　　　→　　　　　　　　　　　　　　　　 　　　Insured (shippers)

　　　　　　　　　　　　　　　　　　　　　　　　　　　　Compensation of loss


　　　　　　　　　　　　　　　　　　　　　　　　　　　　Insurance subrogation
　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Compensation for damages　　　　　　(Carriage of Goods by Sea contract)

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Right to claim


　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Damage to cargo




　　　　　　　　　　　　　　　　　　　　　　　　　　　　 Carrier's













(1) Japan
For the subrogation of the applicable law, because there is no provision expressly provided in private international law, it must be accompanied by Jori.
Whether or not to transfer the insured person on the basis of the insurer, ie, whether insurance subrogation is satisfied, also what will happen to its efficacy,
Because nothing but the legal effect of the insurance contract is the cause of subrogation, that by the governing law of the insurance contract,
It is a common belief to be a Jori. In addition, even in court cases, there is a thing of common belief and the same spirit.



(2) New York
Law with the most closely related to the security act against the insured by the insurer.
That is, to come by the governing law of the insurance contract.



(3) London
Or insurance subrogation is true, also, is whether the effect is what happens, nothing but the legal effect of the insurance contract is the cause of subrogation.
Thus, by the governing law of the insurance contract. (Excerpt from the international trading Buddhist theory)















Next, it describes the types of securities securities.



























































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