Publication Date
Winter 1996
Journal
Temple Law Review
Abstract
The article examines the evolution of property concepts in legal frameworks, particularly focusing on the Uniform Commercial Code (U.C.C.) and its treatment of title in sales transactions. It argues that while the U.C.C. attempted to shift from traditional notions of property as a unitary right to a more process-oriented approach, it did not fully abandon the underlying imagery of property as a tangible, identifiable object. The analysis critiques the common law's emphasis on title and explores the idea that property should be viewed as a legal relation among subjects rather than a fixed, physical entity. The article proposes a reinterpretation of property as a fluid, malleable concept to better align with modern commercial practices.
Volume
69
Issue
4
First Page
1281
Last Page
1342
Publisher
Temple University Beasley School of Law
Disciplines
Commercial Law | Jurisprudence | Law
Recommended Citation
Jeanne L. Schroeder,
Death and Transfiguration: The Myth that the U.C.C. Killed "Property",
69
Temp. L. Rev.
1281
(1996).
https://larc.cardozo.yu.edu/faculty-articles/1533
