法律教育网

法律英语

2019瑞达法考客观题学习包

考试内容 报名条件 报名时间 报名方法

成绩查询 考试时间 分 数 线 授予资格

您的位置:法律教育网 > 法律英语 > 英文法规 > 正文

Uniform Commercial Code (UCC)(1)

2016-02-15 11:59 纠错

I. What is the UCC?

The Uniform Commercial Code (UCC), a comprehensive code addressing most aspects of commercial law, is generally viewed as one of the most important developments in American law. The UCC text and draft revisions are written by experts in commercial law and submitted as drafts for approval to the National Conference of Commissioners on Uniform State Laws (referred to as the Uniform Law Commissioners), in collaboration with the American Law Institute. The Commissioners are all attorneys, qualified to practice law, including state and federal judges, legislators and law professors from throughout the United States and its territories. These quasi-public organizations meet and decide whether to endorse these drafts or to send them back to the experts for revision. The revision process may result in several different revisions of the original draft. Once a draft is endorsed, the Uniform Law Commissioners recommend that the states adopt these rules.

The UCC is a model code, so it does not have legal effect in a jurisdiction unless UCC provisions are enacted by the individual state legislatures as statutes. Currently, the UCC (in whole or in part) has been enacted, with some local variation, in all 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands.

II. Organization of the UCC

The rules for each of the transactional areas covered by the UCC are collected into separate parts called an “article.” Each article is then arranged systematically as consecutively numbered parts based upon subtopics.

As of this guide's last update, the types of transactions included within the Code are:

Sales (Amended Article 2);

Leases (Amended Article 2A);

Negotiable Instruments, previously known as Commercial Paper (Revised Article 3);

Bank Deposits and Collections (Amended Article 4);

Funds Transfers (Article 4A);

Letters of Credit (Revised Article 5);

Bulk Sales, previously known as Bulk Transfers (Revised Article 6);

Documents of Title (Revised Article 7);

Investment Securities (Revised Article 8); and Secured Transactions (Revised Article 9)

Article 1 of the Code contains a set of general provisions equally applicable to all subsequent articles. Articles 10 and 11 contain provisions for effective dates, repeals and transitional matters.

The primary sources for UCC research are:

the Code itself;

the Official Comments of the UCC Permanent Editorial Board (PEB);

the Permanent Editorial Board Commentaries; and judicial opinions which interpret and apply the Code, as enacted in a particular state.

Besides the text of the Code itself, the Official Comments are almost universally treated as the most authoritative sources in the construction of the Code sections. The PEB Commentary was introduced in 1990. It seeks to resolve issues and ambiguities raised by the UCC and Official Comments, to resolve issues on which scholarly and judicial opinion differ, and to elaborate on the UCC‘s role in relation to other statutes. Note that some Commentary may be superseded by later Code amendments. Lastly, a substantial body of case law exists on the UCC. UCC litigation occurs in both federal and state courts, including bankruptcy courts for matters arising under Article 9. Some Articles are less litigated than others, resulting in limited case law for certain Articles.

III. Primary Source Materials

A. Official Code

The Goodson Law Library has a number of publications that contain the official UCC text, the Official Comments, and the PEB Commentaries. The following list includes the most widely consulted sources:

Uniform Commercial Code: Official Text With Comments. (Current edition on Reserve; earlier editions KF890 .A447)

This publication contains the official text of the Code, as approved by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. It includes the Official Comments to the Code as well as an unofficial table of cross-references from prior uniform acts to the Code. Some appendices include earlier texts of several Articles, as well as the texts of amendments incorporated into the Code at different times. PEB Commentaries are included in one of the appendices.

Westlaw/WestlawNext offers the UCC text with comments in its UCC-TEXT database. PEB commentaries are available within the same database through 2009.

LexisNexis provides access to the Official Text and Comments of the Uniform Commercial Code in its UCC database (UCC; UCC) for Articles 1, 7, and 9. All other Articles can be found in Article-specific LexisNexis databases by the short name UCC plus the number of the article (example: UCC;UCC2) Note: in addition to retrieving the current official text of the document and commentary, you will also retrieve prior drafts and prior official texts of the Code.

Uniform Laws Annotated. (1968- ) (Practice & Procedure KF879.A45 U51) The most extensive textual presentation of the Code, this multi-volume series contains the latest UCC Official Text, the Official Comments, PEB Commentaries, editorial section cross-references, state variations, citations to law review articles and digests of cases. Annual supplements appear in the form of pocket parts. Volumes 4 and 5 include UCC-related forms and a table of cases. An appendix reproduces the texts of earlier uniform laws that were superseded by the Code. Be sure to check the pocket parts for recent updates and case law. Westlaw/WestlawNext provides access to the Uniform Laws Annotated database (ULA) Browse the entire code, or look for a particular section, use the Table of Contents feature located in both platforms.

B. State UCC Laws

When adopting the UCC, states may make revisions to the model code. To view a list of state statutes adopting UCC sections, consult the Uniform Laws Annotated (Practice & Procedure KF879.A45 U51) Table of Laws and Rules in the print version, or the Table of Jurisdictions in the Refs & Annos section of each UCC Article on Westlaw/WestlawNext (ULA) In addition, LexisNexis offers a resource that provides the text of state variations in UCC language, the UCC State Variation Table (UCC; UCCTBL) Westlaw offers a similar service in the database UCC-VAR and in the WestlawNext database UCC Local Code Variations.

State variations can also be found at the Legal Information Institute. This free website is arranged by Article number and offers links to state legislature websites containing the state enacted versions of the UCC.

C. Case Law

Uniform Commercial Code Reporting Service: Cases and Commentary and Uniform Commercial Code Case Digest. (KF880 .A29 U54 and KF880.3 U54)

This reporter series, published since 1965 for the 1st series and since 1986 for the 2nd series, includes cases construing sections of the UCC and provides commentary about the cases. The set also includes tables indicating state variations of the UCC and the full text of PEB Commentaries.

Westlaw/WestlawNext contains this service in its UCC Cases database (UCC-CS) In Westlaw, the UCC Cases and Administrative Material database (UCC-CS+) includes commentary, attorney general opinions, the opinions of county counsel, and the Federal Trade Commission as well as other government agency documents in addition to duplicating the case law found in the UCC Cases database.

Uniform Commercial Code Reporting Service (KF880.A29 U54) and Uniform Commercial Code Case Digest (KF880.3 .U54) This companion set includes a digest that abstracts UCC cases contained in the Uniform Commercial Code Reporting Service and is arranged by UCC section number.

UCC Reporter - Digest (LexisNexis) The UCC resources on LexisNexis include Matthew Bender‘s UCC Reporter-Digest (UCC;UCCRPT) This source is a digest of UCC decisions in all states, arranged by UCC section with links to the full-text cases.

责任编辑:仪

特别推荐

地图
法律教育网官方微信

法律教育网微信公众号向您推荐考试资讯、辅导资料、考试教材、历年真题、法律常识、法律法规等资讯,只有你想不到,没有我们做不到!详情>>

1、凡本网注明“来源:法律教育网”的所有作品,版权均属法律教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:法律教育网”。违反上述声明者,本网将追究其法律责任。

2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。

本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。

3、本网站欢迎积极投稿