Relation of Article to Treaty or Statute

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Warehouse Receipts, Bills of Lading, and Other Documents of Title
  5. General
  6. Relation of Article to Treaty or Statute

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  1. Except as otherwise provided in this article, this article is subject to any treaty or statute of the United States to the extent the treaty or statute is applicable.
  2. This article does not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's business in respects not specifically treated in this article. However, a violation of such a law does not affect the status of a document of title that otherwise is within the definition of a document of title.
  3. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
  4. To the extent that there is a conflict between any provisions of the laws of this state regarding electronic transactions and this article, this article governs.

(Code 1933, § 109A-7 - 103, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.)

The 2010 amendment, effective May 27, 2010, substituted "treaty or statute" for "treaty, statute, tariff, classification, or regulation" in the catchline; designated the existing provisions as subsection (a); in subsection (a), substituted "Except as otherwise provided in this article, this article is subject to" for "To the extent that" at the beginning and substituted "to the extent the treaty or statute is applicable" for ", or tariff, classification, or regulation filed or issued pursuant thereto is applicable, the provisions of this article are subject thereto"; and added subsections (b) through (d). See the Editor's notes for applicability.

Editor's notes.

- Ga. L. 2010, p. 481, § 3-1, not codified by the General Assembly, provides that: "This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act." This Act became effective May 27, 2010.

Ga. L. 2010, p. 481, § 3-2, not codified by the General Assembly, provides that: "A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule." This Act became effective May 27, 2010.

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 323. 14 Am. Jur. 2d, Carriers, § 555. 15A Am. Jur. 2d, Commercial Code, § 35 et seq.

C.J.S.

- 81A C.J.S., States, § 7. 87 C.J.S., Treaties, § 15.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 7-103.


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