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84-10-101. Laws not repealed. (1) The article on documents of title (article 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (section 84-1-201).

(2) This act does not repeal K.S.A. 17-4093 [17-4903] through 17-4913, cited as the uniform act for the simplification of fiduciary security transfers, and if in any respect there is any inconsistency between that act and the article of this act on investment securities (article 8) the provisions of the former act shall control.

History: L. 1965, ch. 564, § 415; January 1, 1966.


Article 10 of the 1962 Official Text of the Code contained four sections dealing with effective date and repealer. Kansas enacted only two of those sections. The 1972 Official Text, adopted for Kansas effective January 1, 1976, also contained an Article 11 which included several transitional sections dealing with transactions entered into during the period between the date of enactment and the effective date of the 1972 revisions. Article 11 was not enacted in Kansas, but there seems to be no legislative determination that its provisions should not be applied for guidance in relevant cases.

Section 84-10-101 is § 10-104 of the Official Text of the Code, including an optional subsection (2). Subsection (1) of this section preserves certain regulatory legislation dealing with documents of title. See also Kansas Comment 1983 to 84-7-103.

Subsection (2) recognizes the Uniform Act for the Simplification of Fiduciary Security Transfers, K.S.A. 17-4903 et seq., and provides that it takes priority over Article 8 when there is a conflict. Several sections of that act are discussed where appropriate throughout the Kansas Comments 1983 to Article 8.

Law Review and Bar Journal References:

"Survey of Kansas Law: Secured Transactions," J. Eugene Balloun, 16 K.L.R. 437 (1968).

Discussed in article concerning secured transactions under the UCC, Gerald D. Haag, 21 K.L.R. 107 (1972).

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