Thursday, April 9, 2009

What is the relationship between procedural law and substantive to Uniform Commercial Code?

Procedural Law is the steps taken to enforce legal rights. Substantive is the written or statutory laws. How are they connected to the Uniform Commercial Code?


Here are some pseudo-made-up examples of the two kinds of laws:

The UCC are the contract laws regarding trading in the sales of goods that have been adopted by most all the jurisdictions.

A substantive UCC law would be something like, "A person has breached a contract when they fail to perform, incorrectly perform, or incompletely perform the duties of a contract."

A procedural UCC law would be something like, "An action for a breach of contract for sale of goods must be commenced within 4 years after the cause of action has accrued." (Statutes of limitations are usually always considered procedural)

One "defines" the law and the other tells the "mechanisms" to enforce a remedy for a cause of action.

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