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84-10-102. Repealer. (1) Existing K.S.A. 9-1202, 9-1203, 9-1207, 9-1208 to 9-1212, both inclusive, 17-4801 to 17-4822, both inclusive, 28-115, 33-103, 34-431, 52-101 to 52-1706, both inclusive, 55-214, 58-101, 58-102, 58-104, 58-202 to 58-205, both inclusive, 58-218, 58-220, 58-301 to 58-315a, both inclusive, 58-322 to 58-324, both inclusive, 58-801 to 58-808, both inclusive, 58-811, 58-812, 60-708, 79-2606, 82-101 to 82-149, both inclusive, and 82-156 to 82-161, both inclusive, are hereby repealed.

(2) Transactions validly entered into before the effective date specified in section 417 and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this act as though such repeal or amendment had not occurred.

History: L. 1965, ch. 564, § 416; January 1, 1966.

KANSAS COMMENT, 1996

This section is based on § 10-102 of the Uniform Act. Subsection (1) lists the statutes specifically repealed by the adoption of the Uniform Commercial Code. The reference to K.S.A. 82-161 is apparently erroneous; the reference should be to K.S.A. 82-160. See Kansas Comment 1983 to 84-7-204. Subsection (2) continues the pre-Code statutes which applied to transactions entered into before the effective date of the Code. However, see In re Midwest Engineering Co., 425 F.2d 820 (10th Cir. 1970), in which the court held that a security interest created prior to the adoption of the Code could be perfected under the Code.

The Official Text of the Code, in § 10-101, provided for enactment of the effective date of the Code. This section was not codified in the Kansas enactment. The effective date is found in L. 1965, ch. 564, § 417, as indicated by the revisor's footnote to this section.

Revisor's Note:

Effective date specified in L. 1965, ch. 564, § 417 is "from and after midnight December 31, 1965."

Law Review and Bar Journal References:

Discussion of pre-code security agreement and method of perfection to conform with UCC in "Survey of Kansas Law: Secured Transactions," Gerald D. Haag, 21 K.L.R. 107, 108 (1972).

Mentioned in note discussing strict liability in tort as adopted in Kansas, 25 K.L.R. 462, 473 (1977).

"Uniform Commercial Code: Aspects of a Commercially Reasonable Sale of Repossessed Property," Jon D. Graves, 19 W.L.J. 123 (1979).

CASE ANNOTATIONS

1. Subsection (2) cited; security interest created prior to adoption of U.C.C. could be perfected under the code. In re Midwest Engineering Co., 425 F.2d 820, 821 (1970).


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