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Abstract Rights versus Paper Rights under Article 9 of the Uniform Commercial Code
Clark, Robert
Clark, Robert
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Abstract
The documentary embodiment of a secured party's rights has intriguing and varying consequences in a number of situations governed by Article 9 of the Uniform Commercial Code.' This article will explore some of these consequences and the broader questions they raise, and will suggest some hypotheses about the functional significance of documentation and alternatives to documentation in different branches of commercial life. For brevity, and to avoid confusion over the word "documentary," such embodiments of rights are referred to here by a phrase not found in the UCC, "paper rights."
