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Georgia Statutes, Title 11

Georgia/Statutes

← All Georgia coverage

Title 11

0 chapters · 619 sections in this title.

All chapters in Title 11619 Ch 9144 Ch 2101 Ch 2A79 Ch 368 Ch 853 Ch 441 Ch 741 Ch 4A38 Ch 125 Ch 518 Ch 105 Ch 114 Ch 122

41 sections·Filtered byTitle 11✕Ch 7✕

O.C.G.A. § 11-7-101 Short title
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This article shall be known and may be cited as “Uniform Commercial Code — Documents of Title.” History. Code 1933, § 109A-7-101, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.
O.C.G.A. § 11-7-102 Deﬁnitions and index of deﬁnitions
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(a) In this article, unless the context otherwise requires: (1) “Bailee” means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. (2) “Carrier” means a person that issues a bill of ladin…
O.C.G.A. § 11-7-103 Relation of article to treaty or statute
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(a) Except as otherwise provided in this article, this article is subject to any treaty or statute of the United States to the extent the treaty or statute is applicable. (b) This article does not modify or repeal any law prescribing the form or content of a document of title or …
O.C.G.A. § 11-7-104 Negotiable and nonnegotiable document of title
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(a) Except as otherwise provided in subsection (c) of this Code section, a document of title is negotiable if by its terms the goods are to be delivered to bearer or to the order of a named person. (b) A document of title other than one described in subsection (a) of this Code se…

O.C.G.A. § 11-7-105 Reissuance in alternative medium

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(a) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if: (1) The person entitled under the electronic document surrenders control of th…

O.C.G.A. § 11-7-106 Control of electronic document of title

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(a) A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the electronic document reliably establishes that person as the person to which the electronic document was issued or transferred. (b) A system satisﬁes su…

O.C.G.A. § 11-7-201 Person that may issue a warehouse receipt; storage under bond

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(a) A warehouse receipt may be issued by any warehouse. (b) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt …

O.C.G.A. § 11-7-202 Form of warehouse receipt; effect of omission

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(a) A warehouse receipt need not be in any particular form. (b) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission: (1) A statement of the location of the warehouse facility where the goods…

O.C.G.A. § 11-7-203 Liability for nonreceipt or misdescription

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A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent tha…

O.C.G.A. § 11-7-204 Duty of care; contractual limitation of warehouse’s liability

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(a) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages t…

O.C.G.A. § 11-7-205 Title under warehouse receipt defeated in certain cases

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A buyer in ordinary course of business of fungible goods sold and delivered by a warehouse that is also in the business of buying and selling such goods takes the goods free of any claim under a warehouse receipt even if the receipt is negotiable and has been duly negotiated. His…

O.C.G.A. § 11-7-206 Termination of storage at warehouse’s option

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(a) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage ﬁxed by the…

O.C.G.A. § 11-7-207 Goods shall be kept separate; fungible goods

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(a) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identiﬁcation and delivery of those goods. However, different lots of fungible goods may be commingled. (b) If different lots of fun…

O.C.G.A. § 11-7-208 Altered warehouse receipts

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If a blank in a negotiable warehouse receipt has been ﬁlled in without authority, a good-faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse rece…

O.C.G.A. § 11-7-209 Lien of warehouse

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(a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, pre…

O.C.G.A. § 11-7-210 Enforcement of warehouse’s lien

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(a) Except as provided in subsection (b) of this Code section, a warehouse’s lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an …

O.C.G.A. § 11-7-301 Liability for nonreceipt or misdescription; “said to contain”; “shipper’s weight, load, and count”; improper handling

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(a) A consignee of a nonnegotiable bill of lading which has given value in good faith, or a holder to which a negotiable bill has been duly negotiated, relying upon the description of the goods in the bill or upon the date shown in the bill, may recover from the issuer damages ca…

O.C.G.A. § 11-7-302 Through bills of lading and similar documents of title

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(a) The issuer of a through bill of lading, or other document of title embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier, is liable to any person entitled to recover on the bill or other document for any breach by the othe…

O.C.G.A. § 11-7-303 Diversion; reconsignment; change of instructions

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(a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from: (1) The holder of a negotiable bill; (2)…

O.C.G.A. § 11-7-304 Tangible bills of lading in a set

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(a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection. (b) If a tangible bill of lading is lawfully issued in a set of parts, each of which co…

O.C.G.A. § 11-7-305 Destination bills

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(a) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request. (b) Upon request of any person entitled as against the …

O.C.G.A. § 11-7-306 Altered bills of lading

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An unauthorized alteration or ﬁlling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor. History. Code 1933, § 109A-7-306, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.

O.C.G.A. § 11-7-307 Lien of carrier

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(a) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier’s receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for …

O.C.G.A. § 11-7-308 Enforcement of carrier’s lien

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(a) A carrier’s lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notiﬁcation shall include…

O.C.G.A. § 11-7-309 Duty of care; contractual limitation of carrier’s liability

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(a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation, or ru…

O.C.G.A. § 11-7-401 Irregularities in issue of receipt or bill or conduct of issuer

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The obligations imposed by this article on an issuer apply to a document of title even if: (1) The document does not comply with the requirements of this article or of any other statute, rule, or regulation regarding its issuance, form, or content; (2) The issuer violated laws re…

O.C.G.A. § 11-7-402 Duplicate document of title; overissue

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A duplicate or any other document of title purporting to cover goods already represented by an outstanding document of the same issuer does not confer any right in the goods, except as provided in the case of tangible bills of lading in a set of parts, overissue of documents for …

O.C.G.A. § 11-7-403 Obligation of bailee to deliver; excuse

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(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c) of this Code section, unless and to the extent that the bailee establishes any of the following: (1) Delivery of the goods to a person whose rec…

O.C.G.A. § 11-7-404 No liability for good-faith delivery pursuant to document of title

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A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of the document of title or pursuant to this article is not liable for the goods even if: (1) The person from which the bailee received the goods did not have au…

O.C.G.A. § 11-7-501 Form of negotiation and requirements of due negotiation

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(a) The following rules apply to a negotiable tangible document of title: (1) If the document’s original terms run to the order of a named person, the document is negotiated by the named person’s indorsement and delivery. After the named person’s indorsement in blank or to bearer…

O.C.G.A. § 11-7-502 Rights acquired by due negotiation

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(a) Subject to Code Sections 11-7-205 and 11-7-503, a holder to which a negotiable document of title has been duly negotiated acquires thereby: (1) Title to the document; (2) Title to the goods; (3) All rights accruing under the law of agency or estoppel, including rights to good…

O.C.G.A. § 11-7-503 Document of title to goods defeated in certain cases

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(a) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not: (1) Deliver or entrust the goods or any document of title covering the goods to the bailor …

O.C.G.A. § 11-7-504 Rights acquired in the absence of due negotiation; effect of diversion; stoppage of delivery

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(a) A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the title and rights that its transferor had or had actual authority to convey. (b) In the case of a transfer of a nonnegotiabl…

O.C.G.A. § 11-7-505 Indorser not guarantor for other parties

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The indorsement of a tangible document of title issued by a bailee does not make the indorser liable for any default by the bailee or previous indorsers. History. Code 1933, § 109A-7-505, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.

O.C.G.A. § 11-7-506 Delivery without indorsement; right to compel indorsement

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The transferee of a negotiable tangible document of title has a speciﬁcally enforceable right to have its transferor supply any necessary indorsement, but the transfer becomes a negotiation only as of the time the indorsement is supplied. History. Code 1933, § 109A-7-506, enacted…

O.C.G.A. § 11-7-507 Warranties on negotiation or delivery of document of title

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If a person negotiates or delivers a document of title for value, otherwise than as a mere intermediary under Code Section 11-7-508, unless otherwise agreed, the transferor, in addition to any warranty made in selling or leasing the goods, warrants to its immediate purchaser only…

O.C.G.A. § 11-7-508 Warranties of collecting bank as to documents of title

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A collecting bank or other intermediary known to be entrusted with documents of title on behalf of another or with collection of a draft or other claim against delivery of documents warrants by the delivery of the documents only its own good faith and authority even if the collec…

O.C.G.A. § 11-7-509 Adequate compliance with commercial contract

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Whether a document of title is adequate to fulﬁll the obligations of a contract for sale, a contract for lease, or the conditions of a letter of credit is determined by Article 2, 2A, or 5 of this title. History. Code 1933, § 109A-7-509, enacted by Ga. L. 1962, p. 156, § 1; Ga. L…

O.C.G.A. § 11-7-601 Lost, stolen, or destroyed documents of title

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(a) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the g…

O.C.G.A. § 11-7-602 Judicial process against goods covered by negotiable document of title

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Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstand…

O.C.G.A. § 11-7-603 Conﬂicting claims; interpleader

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If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either i…