Proces wejścia w życie amerykańskiego Jednolitego Kodeksu Handlowego
Loading...
Date
1969
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Entry into Force of the United States Uniform Commercial Code
Abstract
The incessant growth of the US foreign trade and development of its modern
technical facilities, did not find any pendant in the traditional legal regulation of
the matter. The reason was the federal system leading to diversity of legislatures
according to the constitutional rights exercised by each of 50 states and Puerto
Rico, and accordingly by Congress of the United States in relation to the District
of Columbia and the federal territories.
„Splendid isolation" has left essential disadvantages as regards commerce itself
(in the broad meaning of this word as adopted by Anglo-American legal system).
Disregarding the Incoterms 1936, the Revised American Foreign Trade Definitions
have been introduced in 1941. Only few international conventions are in force in
the United States. The convention on checks, convention on bills of exchange,
many maritime conventions, and even done in New York City convention on
recognition and enforcement of foreign arbitral awards, have not yet been adopted
in this country. Signature being ever put on any act of this kind does not secure
the prosperous perspectives as regards its adoption by particular states.
In order to avoid disadvantages of the legal situation as described above, being
improper for promoting of the interstate commerce relations too, a series of uniform
acts has been duly adopted by legislatives of particular states. The Uniform
Commercial Code, being an advanced stage of the unification efforts, is — in the
opinion of Professor Soia Mentschikoff — the most ambitious Codification ever
undertaken in the Anglo - American legal world. After testing of its draft in series
of discussions, the 1952 Official Text and Comments Edition has been produced
as a private proposal for state legislatives. Since 1954 (Pennsylvania) the code has
been adopted by every state except Louisiana. In the meantime the deep-seated
adherence to the „judge-made law" system was to be surmounted.
The main negative aspect of the above system of coming the code in force of the
will of state legislatives, were various local amendements introduced to the text.
Therefore, a full unification by one federal act is now urgently needed.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 31, 1969, z. 3, s. 95-105