2013 US Code
Title 49 - Transportation
Subtitle X - MISCELLANEOUS (§§ 80101 - 80504)
Chapter 801 - BILLS OF LADING (§§ 80101 - 80116)
Section 80105 - Title and rights affected by negotiation
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE X - MISCELLANEOUS CHAPTER 801 - BILLS OF LADING Sec. 80105 - Title and rights affected by negotiation |
Contains | section 80105 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1347. |
Statutes at Large References | 39 Stat. 543 108 Stat. 1347 |
Public Law Reference | Public Law 103-272 |
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(a)
(1) the person to whom it is negotiated acquires the title to the goods that—
(A) the person negotiating the bill had the ability to convey to a purchaser in good faith for value; and
(B) the consignor and consignee had the ability to convey to such a purchaser; and
(2) the common carrier issuing the bill becomes obligated directly to the person to whom the bill is negotiated to hold possession of the goods under the terms of the bill the same as if the carrier had issued the bill to that person.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1347.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
80105(a) | 49 App.:111. | Aug. 29, 1916, ch. 415, §§31, 39, 40, 39 Stat. 543, 544. |
80105(b) | 49 App.:119. | |
80105(c) | 49 App.:120. |
In subsection (a)(1), before subclause (A), the word "duly" is omitted as surplus.
In subsection (b), the words "right . . . is superior" are substituted for "no . . . shall defeat the rights of" for clarity. The words "right to stop the transportation" are substituted for "right of stoppage in transitu" for clarity.
In subsection (c), the word "remedies" is omitted as being included in "right". The words "whose mortgage or lien on goods would be valid, apart from this chapter" are omitted as unnecessary because of the restatement. The words "which are subject to the mortgage or lien" are omitted as unnecessary.
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