Multistate Security Interests in Automobiles Under UCC Section 9 - 103
Dale Beck Furnish
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Arizona State Law Journal, pp. 293-309, 1975
The choice-of-law provisions of the UCC’s Article 9 have not been among its resounding successes. The success of the UCC has had little positive effect on the complicated conflicts problems which arise in the area of secured transactions. Subsection 9-103(4), drafted in 1957 to cover interstate movement of automobiles, may be the most complex, and has suffered academic criticism and judicial inconsistent application. This article evaluates the history behind this article and examines its future. It concludes that things might have been much simpler had different steps been taken in its drafting. Because old section 9-103 was so badly drafted in 1957, the projected effect of new section 9-103 looms positive and salutary. Where the letter of the law was badly blurred and its spirit faint and ambiguous, the new provision should provide both a clearer letter of the law and a more definite policy spirit with which to approach problems of multistate security interests in motor vehicles.
Number of Pages in PDF File: 17
Keywords: UCC 9-103, Interstate Automobile Movement, Conflict of LawsAccepted Paper Series
Date posted: June 30, 2009
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