CEU eTD Collection (2012); Cottrill, Yancy Baron: Don't Believe the Florist When He Tells You That the Roses Are Free: Resurrecting UCC Article 6 to address bulk sales problems in the emerging markets of post-communist countries

CEU Electronic Theses and Dissertations, 2012
Author Cottrill, Yancy Baron
Title Don't Believe the Florist When He Tells You That the Roses Are Free: Resurrecting UCC Article 6 to address bulk sales problems in the emerging markets of post-communist countries
Summary This thesis discusses the need for bulk sales legislation in post-communist counties. It details how merchant scams which led to the United States adopting bulk sales law in the Uniform Commercial Code Article 6 as a means of showing similar conditions exist in current day post-communist countries. The peculiarity of the bulk sales problem as to other merchant fraud will be explained. It urges the need for better protection of creditors against merchants who deal in bulk goods. Evidence of elaborate creditor scams is presented and it is demonstrated that unsecured creditors in some post-communist countries are not protected from the possibility of bulk sales scams. The effects of leaving unsecured creditors unprotected are explored and the ramifications analyzed. The adoption of U.C.C. Article 6 type provisions is suggested as a means to thwart unscrupulous merchants from avoiding to pay back creditors. The flaws in current post-communist laws will be discussed and options to improve them are presented. Finally the benefits of implementing bulk sales law are pointed out.
Supervisor Tajti, Tibor
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2012/cottrill_yancy.pdf

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