Abstract

http://ssrn.com/abstract=1473881
 


 



Groping Along Between Things Real and Things Personal: Defining Fixtures in Law and Policy in the UCC


Marc Lane Roark


The Savannah Law School

September 15, 2009

University of Cincinnati Law Review, Forthcoming
U of Cincinnati Public Law Research Paper No. 2008-28

Abstract:     
This article offers both a concession and a critique. The article concedes that the law of fixtures under the Uniform Commercial Code is helplessly tied to the various state laws dictating real estate. The natural impact of explicitly tying a UCC doctrine to multiple state law variation is the automatic loss of uniformity. At the center of the fixtures discussion in the UCC is a definition that does not define, and more importantly, does not limit doctrinal extension. Because the UCC offers a non-defining definition, this article considers the function of the fixtures definition. Specifically, the article looks to the original drafters comments about what the purpose of the fixtures definition was intended to accomplish.

Conceding that the definition in the UCC does not define, the article then critiques the definition by asking what role the definition plays in the game of seeking uniformity. Specifically, the article argues that the fixtures definition in UCC Section 9-102(a)(41) performs a function just as important as defining - it narrates. The article argues that the drafters in deciding on a definition of fixtures isolated themes of commonality and described those themes in a concise, but useful description of the fixture. Those themes include the joining of goods to realty, the concept of relation, and the emphasis on interests as a governing factor in the fixtures analysis. The article argues that the narration accomplished by the UCC allows for uniformity, not by mandatory uniformity, but by synchronic dialogue - allowing the themes to create images and the images to compel instinctive beliefs. The article argues, however, that the description provided by the drafters should be reunited with the substantive provisions relating to fixtures since each are tied to the other’s understanding.

Number of Pages in PDF File: 35

Keywords: Fixtures, Real Property, UCC, Narration, Goods, NCCUSL

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Date posted: September 15, 2009 ; Last revised: February 5, 2013

Suggested Citation

Roark, Marc Lane, Groping Along Between Things Real and Things Personal: Defining Fixtures in Law and Policy in the UCC (September 15, 2009). University of Cincinnati Law Review, Forthcoming; U of Cincinnati Public Law Research Paper No. 2008-28. Available at SSRN: http://ssrn.com/abstract=1473881

Contact Information

Marc L. Roark (Contact Author)
The Savannah Law School ( email )
516 Drayton Street
Savannah, GA 31401
United States
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