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Encyclopedia > Uniform Commercial Code

The Uniform Commercial Code (UCC or the Code) is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in 49 states (all except Louisiana) within the United States of America. This objective is deemed important because of the prevalence today of commercial transactions that extend beyond one state (for example, where the goods are manufactured in state A, warehoused in state B, sold from state C and delivered in state D). In the US, a Uniform Act is an act proposed by the Uniform Law Commissioners, more formally known as the National Conference of Commissioners on Uniform State Laws, a body of lawyers and other professionals who work for the standardisation of U.S. state laws in the United States of... Sale is the name of several places: Sale, Victoria, Australia Sale, Greater Manchester, England Sale, Italy (pronunciation: SAH-leh) - in the province of Alessandria Salè, Morocco Sale Marasino (first pronunciation: SAH-leh), an Italian commune in the province of Brescia Sale is also a type of contract for the exchange... A U.S. state is any one of the 50 states which have membership of the federation known as the United States of America (USA or U.S.). The separate state governments and the U.S. federal government share sovereignty. ...


The UCC is the longest and most elaborate of the uniform acts. It has been a long-term, joint project of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI). Judge Herbert F. Goodrich was the Chairman of the Editorial Board of the original 1952 edition.[1] The Code, as the product of private organizations, is not itself the law, but only has the force of law in a state if enacted by by the state's legislature. When the Code is adopted by a state, it may be adopted verbatim as written by ALI/NCCUSL, or may be adopted with specific changes deemed necessary by the state legislature. Unless such changes are minor, they can affect the purpose of the Code in promoting uniformity of law among the various states. The National Conference of Commissioners on Uniform State Laws (NCCUSL) is a non-profit unincorporated association in the United States that consists of commissioners appointed by each state and territory. ... The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. ... A legislature is a type of deliberative assembly with the power to adopt laws. ...


The ALI/NCCUSL have also established a permanent editorial board for the Code. This board has issued a number of official comments and other published papers concerning the Code. Although these commentaries do not have the force of law, courts interpreting the Code will often cite them as persuasive authority in determining the effect of one or more provisions. Courts interpreting the Code generally seek to harmonize their interpretations with those of other states that have adopted it, except where specific aspects of the Code were changed by that state when adopting it, or where other aspects of state law require a different decision.


The Code, in one or another of its several revisions, has been enacted in all of the 50 states, as well as in the District of Columbia, the Commonwealth of Puerto Rico, Guam and the U.S. Virgin Islands. Louisiana has enacted most provisions of the UCC with the exception of Article 2; preferring to maintain its own civil law tradition for governing the sale of goods. ... Official language(s) de jure: none de facto: English & French Capital Baton Rouge Largest city Baton Rouge [1] Area  Ranked 31st  - Total 51,885 sq mi (134,382 km²)  - Width 130 miles (210 km)  - Length 379 miles (610 km)  - % water 16  - Latitude 29°N to 33°N  - Longitude 89°W... Civil law or continental law is the predominant system of law in the world. ...


Louisiana jurisprudence refers to the sections of the UCC as “chapters” instead of articles, since the term “articles” is used to refer to provisions of the state’s Civil Code. However, different terms for UCC articles is not unique to Louisiana; neighboring Arkansas also refers to UCC articles as “chapters”, the term for equivalent subdivisions in its code of statutes. (“Article” in that state's law generally refers to a subdivision of the Arkansas Constitution.) A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ... Official language(s) English Capital Little Rock Largest city Little Rock Area  Ranked 29th  - Total 53,179 sq mi (137,002 km²)  - Width 239 miles (385 km)  - Length 261 miles (420 km)  - % water 2. ... The Arkansas Constitution is the governing document of the U.S. state of Arkansas. ...

Contents

UCC Articles

The Uniform Commercial Code deals with the following subjects under consecutively numbered Articles:

ART. TITLE CONTENTS
1 General Provisions Definitions, rules of interpretation
2 Sales Sales of goods
2A Leases Leases of goods
3 Negotiable Instruments Banknotes and drafts (commercial paper)
4 Bank Deposits Banks and banking, check collection process
4A Funds Transfers Transfers of money between banks
5 Letters of Credit Transactions involving letters of credit
6 Bulk Transfers and Bulk Sales Auctions and liquidations of assets
7 Warehouse Receipts, Bills of Lading and Other Documents of Title Storage and bailment of goods
8 Investment Securities Security interests and financial assets
9 Secured Transactions Transactions secured by security interests

In 2003, a major revision of Article 2 modernizing many aspects (as well as changes to Article 2A and Article 7) was proposed by the NCCUSL and the ALI. Although being considered, there are no states that have yet adopted the revised version of Article 2. Sales, or the activity of selling, forms an integral part of commercial activity. ... Sales, or the activity of selling, forms an integral part of commercial activity. ... Good (accounting) - Wikipedia /**/ @import /skins-1. ... This article or section should include material from Tenancy agreement A lease is a contract conveying from one person (the lessor) to another person (the lessee) the right to use and control some article of property for a specified period of time (the term), without conveying ownership, in exchange for... This article or section should include material from Tenancy agreement A lease is a contract conveying from one person (the lessor) to another person (the lessee) the right to use and control some article of property for a specified period of time (the term), without conveying ownership, in exchange for... Good (accounting) - Wikipedia /**/ @import /skins-1. ... A negotiable instrument is a specialised type of contract for the payment of money which is unconditional and capable of transfer by negotiation. ... A £20 Bank of England banknote. ... Example of a Canadian cheque. ... Commercial paper is a money market security issued by large banks and corporations. ... For other uses, see Bank (disambiguation). ... After a contract is concluded between buyer and seller, buyers bank supplies a letter of credit to seller. ... This article or section does not adequately cite its references or sources. ... Liquidation, or winding up, refers to a business whose assets are converted to money in order to pay off debt. ... Inside Green Logistics Co. ... A bill of lading (also referred to as a BOL or B/L) is a document issued by a carrier, e. ... A title is a prefix or suffix added to a persons name to signify either veneration, an official position or a professional or academic qualification. ... Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ... Good (accounting) - Wikipedia /**/ @import /skins-1. ... A security interest is a property interest created by agreement or by operation of law over assets to secure the performance of an obligation (usually but not always the payment of a debt) which gives the beneficiary of the security interest certain preferential rights in relation to the assets. ... A security interest is a property interest created by agreement or by operation of law over assets to secure the performance of an obligation (usually but not always the payment of a debt) which gives the beneficiary of the security interest certain preferential rights in relation to the assets. ...


In 1989, the National Conference of Commissioners on Uniform State Laws recommended that Article 6 of the UCC, dealing with bulk sales, be repealed as obsolete. It remains in force in several jurisdictions. 1989 (MCMLXXXIX) was a common year starting on Sunday of the Gregorian calendar. ... The National Conference of Commissioners on Uniform State Laws (NCCUSL) is a non-profit unincorporated association in the United States that consists of commissioners appointed by each state and territory. ...


A major revision of Article 9 was enacted in many states with an effective date of July 1, 2001.[2]


The controversy surrounding what is now termed the Uniform Computer Information Transactions Act (UCITA) originated in the process of revising Article 2 of the UCC. The provisions of what is now UCITA were originally meant to be "Article 2B" within a revised Article 2 on Sales. As the UCC is the only uniform law that is a joint project of NCCUSL and the ALI, both associations must agree to any revision of the UCC. The proposed final draft of Article 2B met with controversy within the ALI, and as a consequence the ALI did not grant its assent. The NCCUSL responded by renaming Article 2B and promulgating it as the UCITA. As of October 12, 2004, only Maryland and Virginia have adopted UCITA. The Uniform Computer Information Transactions Act (UCITA) is a proposed law to create a clear and uniform set of rules to govern such areas as software licensing, online access, and other transactions in computer information. ... In the US, a Uniform Act is an act proposed by the Uniform Law Commissioners, more formally known as the National Conference of Commissioners on Uniform State Laws, a body of lawyers and other professionals who work for the standardisation of U.S. state laws in the United States of... Official language(s) None (English, de facto) Capital Annapolis Largest city Baltimore Area  Ranked 42nd  - Total 12,417 sq mi (32,160 km²)  - Width 90 miles (145 km)  - Length 249 miles (400 km)  - % water 21  - Latitude 37°53N to 39°43N  - Longitude 75°4W to 79°33... Official language(s) English Capital Richmond Largest city Virginia Beach Area  Ranked 35th  - Total 42,793 sq mi (110,862 km²)  - Width 200 miles (320 km)  - Length 430 miles (690 km)  - % water 7. ...


The overriding philosophy of the Uniform Commercial Code is to allow people to make the contracts they want, but to fill in any missing provisions where the agreements they make are silent. The law also seeks to impose uniformity and streamlining of routine transactions like the processing of checks, notes, and other routine commercial paper. The law frequently distinguishes between merchants, who customarily deal in a commodity and are presumed to know well the business they are in; and consumers, who are not. Merchants function as professionals who deal with trade, dealing in commodities that they do not produce themselves, in order to produce profit. ... Consumers refers to individuals or households that purchase and use goods and services generated within the economy. ...


It also seeks to discourage the use of legal formalities in making business contracts, in order to allow business to move forward without the intervention of lawyers or the preparation of elaborate documents. This last is perhaps the most questionable part of its underlying philosophy; many in the legal profession have argued that legal formalities discourage litigation by requiring some kind of ritual that provides a clear dividing line that tells people when they have made a final deal they could be sued over. English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ...


Conspiracy Theories

The Uniform Commercial Code plays a significant part in the legal theories of far right groups such as Christian Patriots and Posse Comitatus. It has been suggested that this article or section be merged into far right. ... This article or section does not adequately cite its references or sources. ... The Posse Comitatus (from the Latin phrase meaning power of the county) is a loosely-organized right-wing social movement that opposes the United States federal government and believes in radical localism. ...


The general theory is that a secret treaty back in 1930 put this and other countries around the world in "bankruptcy" with the "international bankers" being the "creditor/rulers." Once these banker/rulers were ensconced in power, they desired to do away with common law and instead use commercial law. To "back" their claims, conspiracy theorists often cite the case of Erie R. Co v. Tompkins, 304 U.S. 64 (1938), which proposes that federal courts must follow the common law of the state where an injury occurs (instead of "inventing" their own federal common law). Holding Under the Rules of Decision Act, federal district courts in diversity jurisdiction cases must apply the law of the states in which they sit, including the judicial doctrine of the states highest court, where it does not conflict with federal law. ...


Another theory is that an "affidavit of truth" submitted "in commerce" could create a lien which had to be paid. LeRoy Schweitzer of the Montana Freemen took this idea to heart and claimed that he created "draft liens" against various public officials. After an 81-day standoff with the FBI, Schweitzer was eventually convicted of fraud and other federal crimes and sentenced to 22 1/2 years in prison. The Montana Freemen were a Christian patriot group based in Montana, United States, near the town of Jordan. ...


The "redemption movement" even claims that the Uniform Commercial Code is now "actually the supreme law of the land".[3]


See also

Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ...

External links


  Results from FactBites:
 
Uniform Commercial Code - Wikipedia, the free encyclopedia (651 words)
The Uniform Commercial Code (UCC) is one of the uniform acts that has been promulgated in attempts to harmonize the law of sales and other commercial transactions in the fifty state in the United States of America.
The UCC was the first of the Uniform Acts to be proposed, and is the longest and most elaborate such act.
Louisiana, the sole holdout, has enacted most of the Code, but because that state's commercial law is based on civil law and the Napoleonic Code rather than on common law, it is difficult to harmonize procedure and terminology with the UCC.
  More results at FactBites »


 

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