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.
SECURED TRANSACTIONS LAW REFORM: PRINCIPLES, POLICIES AND PRACTICE
Uniform Commercial Code, UCC Article 9, Secured Transactions, U.S. Legal History, Commercial Law
Unedited text of chapter 3 in SECURED TRANSACTIONS LAW REFORM: PRINCIPLES, POLICIES AND PRACTICE (Louise Gullifer & Orkun Ackseli eds., Oxford: Hart Publishing Ltd, 2016)