Abstract

In contrast to the public-notice filing system under U.C.C. Article 9, the modern German law of securities in personal property lacks publicity of security interests. The German courts have developed a mesh of priority rules exhaustively described in this analysis. Despite the costs and risks arising under the formal filing system, the U.C.C. accomplishes a preferable balance of interests involved in secured transactions. It assures certainty to creditors about the priority of security interests in particular assets, whereas the German law comprehensively recognizes the debtor’s interest in the secrecy of the transaction and the need for external capital. Regarding the scene of business financing, this paper analyzes and confronts the notorious priority of the floating lien over the supplier’s security for the purchase money with the preference of the supplier under German law. The U.C.C. gives effect to aspects of economy and efficiency, whereas the German law enforces standards of fairness.