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  Why the UCC Filing cont'd

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In the 1950’s the Uniform Commercial Code was presented to the States as a means of unifying the generally accepted procedures for handling the new legal system of dealing with commercial fictions as though they were real. Security instruments replaced substance as collateral for debts. Security instruments could be supported by presumptive contracts. Debt instruments with collateral, and accommodating parties, could be used instead of money.

Money and the need for money was disappearing, and a uniform system of laws had to be put in place to allow the courts to uphold the security instruments that depended on commercial fictions as a basis for compelling payment or performance. All this was accomplished by the mid 1960’s.

The commercial code is merely a codification of accepted and required procedures all people engaged in commercial activities must follow. The basic principles of commerce had been settled thousands of years ago, but were refined as commerce become more sophisticated over the year.

In the 1900’s the age-old principles of commerce shifted from substance to form. Presumption became a big part of the law. Without giving a degree of force to presumption, the new direction in enforcing commercial claims could not be supported in courts. If the claimants were required to produce their claims every time they tried to collect money or time from the people, they would seldom be successful.

The principles expressed in the code combine the means of dealing with substantive commercial activities with the means of dealing with presumptive commercial activities. These principles work as well for the people as they do for the deceivers. The rules do not respect persons.

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