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Abstract

Enabling the use of future receivables as collateral to access to credit is highly economically meaningful, as its development is for one thing to assist businesses and individuals to access the capital easily with movable assets to be accrued in the future, and for another thing to encourage lending by reducing the financial vulnerability of lenders. In Vietnam, the recognition of future objects as a form of property eligible to be used as collateral since the 2005 Civil Code has had positive impacts on business financing. However, the term “future objects” does not explicitly cover all types of assets to be formed in the future such as future property rights not categorized as eligible collaterals. This shortcoming later has been revised and supplemented under Decree 163/2006/ND-CP, amended by Decree 11/2012/ ND-CP (Collectively Decree 163) which permits the creation of security over both existing and future receivables. The 2005 Civil Code has been replaced by the 2015 Civil Code, and it is necessary to revise or replace Decree 163 to reflect the changes in the Civil Code and the new practice. Vietnamese Government has been collecting comments for a draft decree on security measures to replace Decree 163, and this article aims to analyze the legal schemes in the former and current Civil Code regarding the use of future receivables as security for performance obligations, and compare with Japanese laws on securitization of future receivables in Japan. The author will try to provide suggestions drawing from Japanese lawmaking for reforming Vietnamese statutory.



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Article Details

Issue: Vol 4 No 3 (2020): Under Publishing
Page No.: Online First
Published: Jul 1, 2020
Section: Review
DOI: https://doi.org/10.32508/stdjelm.v4i3.633

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Creative Commons License

Copyright: The Authors. This is an open access article distributed under the terms of the Creative Commons Attribution License CC-BY 4.0., which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

 How to Cite
Hai, L. (2020). The legal aspect of security over future receivables in Japan and suggestions for Vietnam. Science & Technology Development Journal - Economics - Law and Management, 4(3), Online First. https://doi.org/https://doi.org/10.32508/stdjelm.v4i3.633

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