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Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 1. · Article 1. GENERAL PROVISIONS · Part 3. TERRITORIAL APPLICABILITY AND GENERAL RULES

11-1-301. Territorial applicability; parties’ power to choose applicable law.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Except as otherwise provided in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.#

  2. (b)

    In the absence of an agreement under subsection (a) of this Code section, and except as provided in subsection (c) of this Code section, this title applies to transactions bearing an appropriate relation to this state.#

  3. (c)

    If one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:#

    1. (1)

      Code Section 11-2-402;#

    2. (2)

      Code Sections 11-2A-105 and 11-2A-106;#

    3. (3)

      Code Section 11-4-102;#

    4. (4)

      Code Section 11-4A-507;#

    5. (5)

      Code Section 11-5-116;#

    6. (6)

      Reserved;#

    7. (7)

      Code Section 11-8-110;#

    8. (8)

      Code Sections 11-9-301 through 11-9-307; or#

    9. (9)

      Code Section 11-12-107.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 11-1-301, enacted by Ga. L. 2015, p. 996, § 3A-1/SB 65; Ga. L. 2024, p. 817, § 5-4/HB 1240, effective July 1, 2024.

Amendments

The 2024 amendment, effective July 1, 2024, substituted “Reserved” for “Code Section 11-6-103” in paragraph (c)(6); deleted “or” at the end of paragraph (c)(7); substituted “; or “ for a period at the end of paragraph (c)(8); and added paragraph (c)(9).

Editor's notes

Ga. L. 2024, p. 817, § 1-1/HB 1240, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Uniform Commercial Code Modernization Act of 2024.’” Ga. L. 2024, p. 817, § 1-2/HB 1240, not codified by the General Assembly, provides: “Nothing in this Act shall be construed to support, endorse, create, or implement a national digital currency.”

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-pdf.pdf, Volume V9, 2022 edition, 2025 supplement, pages 13 to 14; merge action: replaced; file SHA-256 df9393c4ba3b.