California Commercial Code Sections 7101-7105

CHAPTER 1. GENERAL

CA Codes (com:7101-7105) COMMERCIAL CODE
SECTION 7101-7105




7101.  This division shall be known and may be cited as Uniform
Commerical Code--Documents of Title.



7102.  (1) In this division, unless the context otherwise requires:

   (a) "Bailee" means the person who by a warehouse receipt, bill of
lading or other document of title acknowledges possession of goods
and contracts to deliver them.
   (b) "Consignee" means the person named in a bill to whom or to
whose order the bill promises delivery.
   (c) "Consignor" means the person named in a bill as the person
from whom the goods have been received for shipment.
   (e) "Document" means document of title as defined in the general
definitions in Division 1 (Section 1201).
   (f) "Goods" means all things which are treated as movable for the
purposes of a contract of storage or transportation.
   (g) "Issuer" means a bailee who issues a document.  Issuer
includes any person for whom an agent or employee purports to act in
issuing a document if the agent or employee has real or apparent
authority to issue documents, notwithstanding that the issuer
received no goods or that the goods were misdescribed or that in any
other respect the agent or employee violated his instructions.
   (h) "Warehouseman" is a person engaged in the business of storing
goods for hire.
   (2) Other definitions applying to this division or to specified
chapters thereof, and the sections in which they appear are:
   "Duly negotiate."  Section 7501.
   "Person entitled under the document."  Section 7403(4).
   (3) Definitions in other divisions applying to this division and
the sections in which they appear are:
   "Contract for sale."  Section 2106.
   "Overseas."  Section 2323.
   "Receipt" of goods.  Section 2103.
   (4) In addition Division 1 contains general definitions and
principles of construction and interpretation applicable throughout
this division.



7103.  To the extent that any treaty or statute of the United
States, regulatory statute of this State, or tariff, classification
or regulation filed or issued pursuant thereto is applicable, the
provisions of this division are subject thereto.




7104.  (1) A warehouse receipt, bill of lading or other document of
title is negotiable
   (a) If by its terms the goods are to be delivered to bearer or to
the order of a named person; or
   (b) Where recognized in overseas trade, if it runs to a named
person or assigns.
   (2) Any other document is nonnegotiable.  A bill of lading in
which it is stated that the goods are consigned to a named person is
not made negotiable by a provision that the goods are to be delivered
only against a written order signed by the same or another named
person.
   (3) A nonnegotiable warehouse receipt and a nonnegotiable bill of
lading must be conspicuously (Section 1201) marked "nonnegotiable."
In case of the bailee's failure to do so, a holder of the document
who purchased it for value supposing it to be negotiable may, at his
option, treat such document as imposing upon the bailee the same
liabilities he would have incurred had the document been negotiable.




7105.  The omission from either Chapter 2 or Chapter 3 of this
division of a provision corresponding to a provision made in the
other chapter does not imply that a corresponding rule of law is not
applicable.