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Title:The differential analyses between the revised UCC Article 9 and the Canadian Personal Property Security Act: the reasons Nigeria should transplant the former and not the latter
Author:Williams, Iheme C.
Periodical:Journal of African and international law (ISSN 1821-620X)
Geographic term:Nigeria
debt repayment
business financing
Abstract:This paper concerns the difficult decision of a legal transplantation of one legal regime for another. According to the author, a country which is desirous of transplanting a security interest law, such as Nigeria, should seriously deliberate options before making a final decision of which legal regime is ideal; the ramifications would be severe if a wrong choice would be made. Nigeria is currently facing a dilemma as to which security interest law model can best tackle its economic situation, by making credit more available to investors. Nigeria's current security interest laws, which were adopted from England following colonization, are moribund and do no longer serve the realities of today's commercial transactions. Wanting to change, however, does not automatically mean that change will take place; the dilemma remains. Currently an attempt is being made to transplant the Revised Article 9 of the Uniform Commercial Code (UCC) to Nigeria. The author explores some of the more important differences of the Canadian Personal Property Security Act and Article 9, especially the choice of law rules and the default and enforcement rules under both models. He argues that the former should be transplanted, not the latter. Notes, ref. [ASC Leiden abstract]