美國 統一商法典 第9編 擔保付去來上의 浮動擔保

Article 9 of the Uniform Commercial Code covers most aspects of the creation, perfection and enforcement of a security interest in almost any kind of tangible or intangible personal property and fixtures, given by a debtor to a secured party to secure the performance of an obligation of almost any kind. The property in which a security interest is to be created, the collateral. may include property owned when the security agreement is entered into or property to be acquire thereafter. The obligation secured will usually be one incurred to acquire the collateral or one incurred through the contemporaneous, past or future borrowing of money. Although a few of the rules vary with the nature of the debtor, generally one set of rules governs all security transactions. It is sometimes alleged that through the combined effect of a number of provisions, article 9 permits the debtor to create a floating lien, tying up all of this assets with one creditor and hampering his ability to get credit from anyone else. The lien floats from one bit of collateral to another, and may first secure one debtor and then another. The provisions of article 9 about which discussion of the floating lien centers include those which permit the debtor (i) to hypothecate any Dr all of his personal property, including after-acquired property, the lien on the property following over into products into which it is wrought or commingled, or proceeds resulting from its disposition; (ii) to give present security for future advances; (iii) to use with respect to any kind of collateral the notice filing heretofore restricted to inventory and accounts receivable; and (iv) to exercise such dominion or contra over the collateral as may be agreed upon between the parties.