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Uniform Commercial Code

2012

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Charles C. Lewis

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A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis Dec 2012

A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis

Charles C. Lewis

As its title suggests, this article is intended merely as a preview of revised Article 3. It will begin with some overall comments about revised Article 3, specifically about the extent and significance of the revision. It then will discuss specific examples from revised Article 3 to illustrate how the revision affects present Article 3 and how it furthers the goals of the NCCUSL and the ALI. It will also include references to present North Carolina case law or statutory law that may be affected by the revision. If this preview conveys to the BAR at least a taste of …


The Omnibus Clause Of U.C.C. Section 4-303(1)(D): A Holder's Sword Or A Payor's Shield?, Charles C. Lewis Dec 2012

The Omnibus Clause Of U.C.C. Section 4-303(1)(D): A Holder's Sword Or A Payor's Shield?, Charles C. Lewis

Charles C. Lewis

In the years after the promulgation of the 1952 official text, particularly as the New York Law Revision Commission studied it, and as more and more states either studied the Code for enactment or actually enacted it during the late 1950's and early 1960's, law professors, practicing attorneys and bank attorneys commented on each provision of it. Section 4-303(1)(d) and its omnibus clause did not escape this scrutiny. Many of the commentators, however, did no more than describe the purpose of section 4-303's priority rules, point out that section 4-213(1)(c), a remarkably similar section in the Code, did not contain …