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Uniformity and Efficiency in the Uniform Commercial Code: A Partial Research Agenda

F. Stephen Knippenberg, William J. Woodward

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Abstract

Why is the Uniform Commercial Code (U.C.C. or Code) so nonuniform? Might the Code be better understood and characterized as a patchwork of unorthodox local variations rather than a uniform statute? Are matters getting better or worse? And does it matter? These questions have come up perennially since the beginning of the Uniform Commercial Code project in 1940, and the recurrence of these questions surely signals our perceived lack of success in dealing with lack of uniformity within the Code. The persistent nature of the problem could suggest either that the affected interests lack the will to solve the problem or that the problem defies solution.

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What this paper is about

Why is the Uniform Commercial Code (U.C.C. or Code) so nonuniform? Might the Code be better understood and characterized as a patchwork of unorthodox local variations rather than a uniform statute? Are matters getting better or worse? And does it matter? These questions have come up perennially since the beginning of the Uniform Commercial Code project in 1940, and the recurrence of these questions surely signals our perceived lack of success in dealing with lack of uniformity within the Code. The persistent nature of the problem could suggest either that the affected interests lack the will to solve the problem or that the problem defies solution.

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Available abstract

Why is the Uniform Commercial Code (U.C.C. or Code) so nonuniform? Might the Code be better understood and characterized as a patchwork of unorthodox local variations rather than a uniform statute? Are matters getting better or worse? And does it matter? These questions have come up perennially since the beginning of the Uniform Commercial Code project in 1940, and the recurrence of these questions surely signals our perceived lack of success in dealing with lack of uniformity within the Code. The persistent nature of the problem could suggest either that the affected interests lack the will to solve the problem or that the problem defies solution.

Key concepts: Uniform Commercial Code, Code (set theory), Statute, Computer science, Law and economics, Law, Business, Political science

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