West Virginia Law Review

Document Type



The gradual adoption of the various uniform laws by the states is beginning to have some effect on the system of "different laws in different states." Perhaps nowhere in the field of law is there greater need for uniform laws in the different states than in commercial law. The Uniform Commercial Code was designed to meet this need, and since 1954 our neighboring state, Pennsylvania, has served as a testing ground for that Code. This report deals with Article 6, Bulk Transfers, of the Uniform Commercial Code. That article, if adopted in West Virginia, would supplant our present Bulk Sales Law. Such adoption would result in several changes in the West Virginia law, but none would amount to a serious change unless Section 6-106 is adopted along with the code. Section 6-106 of the Uniform Commercial Code provides that the purchaser of goods in bulk must see that the consideration paid for the goods is applied so far as necessary to pay any debts of the seller of which the purchaser has knowledge. However, the Code is designed so that it is possible for a state to adopt the Uniform Commercial Code without adopting Section 6-106 thereof. Otherwise, none of the changes in the West Virginia law in regard to bulk sales which would result from the adoption of the Uniform Commercial Code would amount to a great change in the law. In several instances the adoption of Article 6 of the Code would serve to clarify the West Virginia law. The following discussion attempts to compare Article 6 of the Uniform Commercial Code with the existing West Virginia Bulk Sales Law.



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