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Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 2. · Article 2. SALES · Part 1. SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER

11-2-102. Scope; certain security and other transactions excluded from this article.

Active

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

  1. (1)

    Unless the context otherwise requires, and except as provided in subsection (3) of this Code section, this article applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (2) of this Code section.#

  2. (2)

    In a hybrid transaction:#

    1. (a)

      If the sale-of-goods aspects do not predominate, only the provisions of this article which relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply.#

    2. (b)

      If the sale-of-goods aspects predominate, this article applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction which do not relate to the sale of goods.#

  3. (3)

    This article does not:#

    1. (a)

      Apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or#

    2. (b)

      Impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers.#

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 1933, § 109A-2-102, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2024, p. 817, § 5-6/HB 1240, effective July 1, 2024.

Amendments

The 2024 amendment, effective July 1, 2024, rewrote this Code section, which read: “Unless the context otherwise requires, this article applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this article impair or repeal any statute regulating sales to consumers, farmers, or other specified classes of buyers.”

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, page 17; merge action: replaced; file SHA-256 df9393c4ba3b.