Faculty Journal Articles and Book Chapters

Abstract

This book chapter traces the history of Article 9 (Secured Transactions) of the U.S. Uniform Commercial Code. After setting out the pre-1940 legal setting in the United States for the use of movable property in secured transactions, the chapter studies three stages in the evolution of Article 9: (1) the drafting of the first “official” text (1947-1951), (2) the continuing revision of the text and its slow adoption by states (1952-1990), and (3) the thorough-going revision that lead to the present 1998 official text and subsequent minor amendments (1990-present). The chapter notes the growing complexity of the text and the importance of the institutional framework within which the text evolved.

Publication Title

SECURED TRANSACTIONS LAW REFORM: PRINCIPLES, POLICIES AND PRACTICE

Document Type

Book Chapter

Keywords

Uniform Commercial Code, UCC Article 9, Secured Transactions, U.S. Legal History, Commercial Law

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