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The codification of commercial law

  • Author(s) / Creator(s)
  • Introduction: On account of its population, its geography and its history, Canada has traditionally been a borrower of laws. In the commercial law field, it borrowed the English codifications of negotiable instruments law and sales law during the late Victorian era. More recently it borrowed the United States Uniform Commercial Code (\"UCC\") codifications on personal property security law and securities transfer law. Now Canada has become a lender of its commercial laws. New Zealand and Australia have recently looked to Canada for inspiration in their reform of personal property security law. The Victorian codifications are fundamentally different from the modern codifications. The goal of the Victorian era codifications was to translate the common law into legislative form in order to render it more accessible but without intending to introduce major reforms to the law. The transplanted Articles of the Uniform Commercial Code are more radical in their aims. They reform the law and introduce a new taxonomy of terms and concepts that represents a major departure from common law principles.

  • Date created
    2016
  • Subjects / Keywords
  • Type of Item
    Article (Published)
  • DOI
    https://doi.org/10.7939/R3F766N31
  • License
    © 2016 J. Roderick,Wood et al. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.
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  • Citation for previous publication
    • Wood, R. J. (2016). The codification of commercial law. Saskatchewan Law Review, 79(2), 179-214. Retrieved from http://heinonline.org/HOL/Page?handle=hein.journals/sasklr79&div=14&g_sent=1&collection=journals
  • Link to related item
    http://heinonline.org/HOL/Page?handle=hein.journals/sasklr79&div=14&g_sent=1&collection=journals