Official Code of Georgia Annotated
Title 11. COMMERCIAL CODE · Chapter 2. · Article 2. SALES · Part 5. PERFORMANCE
11-2-501. Insurable interest in goods; manner of identification of goods.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (1)
The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs:#
- (a)
When the contract is made if it is for the sale of goods already existing and identified;#
- (b)
If the contract is for the sale of future goods other than those described in paragraph (c) of this subsection, when goods are shipped, marked, or otherwise designated by the seller as goods to which the contract refers;#
- (c)
When the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within 12 months after contracting or for the sale of crops to be harvested within 12 months or the next normal harvest season after contracting whichever is longer.#
- (2)
The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.#
- (3)
Nothing in this Code section impairs any insurable interest recognized under any other statute or rule of law.#
History
Code 1933, § 109A-2-501, enacted by Ga. L. 1962, p. 156, § 1.
Law reviews
For article discussing the resolution of conflicting claims to goods between an unsecured seller of goods and a creditor of a buyer claiming under an after-acquired property clause, see 28 Mercer L. Rev. 625 (1977). For article, “Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods,” see 22 Ga. L. Rev. 503 (1988).
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)-2022-pdf.pdf, Volume V9, 2022 edition, pages 181 to 182; merge action: carried; file SHA-256 ad397fccbf21.