Multistate Security Interests in Automobiles Under UCC Section 9 - 103

Arizona State Law Journal, pp. 293-309, 1975

17 Pages Posted: 30 Jun 2009

See all articles by Dale Beck Furnish

Dale Beck Furnish

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1975

Abstract

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.

Keywords: UCC 9-103, Interstate Automobile Movement, Conflict of Laws

Suggested Citation

Furnish, Dale Beck, Multistate Security Interests in Automobiles Under UCC Section 9 - 103 (1975). Arizona State Law Journal, pp. 293-309, 1975, Available at SSRN: https://ssrn.com/abstract=1427276

Dale Beck Furnish (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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