. Groping Along Between Things Real and Things Personal: Defining Fixtures in law and Policy in the UCC, 78 U. CINCINNATI L. REV. 1437 (2010)University of Cincinnati Law Review (2010)
AbstractThe law of fixtures under the Uniform Commercial Code (UCC) is helplessly tied to the various state laws dictating real estate. The natural impact of explicitly tying a UCC doctrine to multiple state law variations is 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 nondefining definition, this Article considers the function of the fixtures definition. Specifically, this Article argues that the fixtures definition in UCC Section 9-102(a)(41) performs a function just as important as defining--it narrates. This 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. This 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. This Article argues, however, that the description provided by the drafters should be reunited with the substantive provisions relating to fixtures because each are tied to the other's understanding.
Citation InformationMarc L. Roark. ". Groping Along Between Things Real and Things Personal: Defining Fixtures in law and Policy in the UCC, 78 U. CINCINNATI L. REV. 1437 (2010)" University of Cincinnati Law Review Vol. 78 (2010)
Available at: http://works.bepress.com/marc_roark/8/