Nebraska Uniform Commercial Code 2A-104

UCC 2A-104

2A-104.

Leases subject to other law.

(1) A lease, although subject to this article, is also subject to any applicable:

(a) certificate of title statute of this state (the Motor Vehicle Certificate of Title Act);

(b) certificate of title statute of another jurisdiction (section 2A-105); or

(c) consumer protection statute of this state, or final consumer protection decision of a court of this state existing on September 6, 1991.

(2) In case of conflict between this article, other than sections 2A-105, 2A-304(3), and 2A-305(3), and a statute or decision referred to in subsection (1), the statute or decision controls.

(3) Failure to comply with an applicable law has only the effect specified therein.

Source

Cross References

  • Motor Vehicle Certificate of Title Act, see section 60-101.

Annotations

  • COMMENT

  • Uniform Statutory Source: Sections 9-201 and 9-311.

  • Changes: Substantially revised.

  • Purposes:

  • 1. This article creates a comprehensive scheme for the regulation of transactions that create leases. Section 2A-102. Thus, the article supersedes all prior legislation dealing with leases, except to the extent set forth in this section.

  • 2. Subsection (1) states the general rule that a lease, although governed by the scheme of this article, also may be governed by certain other applicable laws. This may occur in the case of a consumer lease. Section 2A-103(1)(e). Those laws may be state statutes existing prior to enactment of article 2A or passed afterward. In this case, it is desirable for this article to specify which statute controls. Or the law may be a preexisting consumer protection decision. This article preserves such decisions. Or the law may be a statute of the United States. Such a law controls without any statement in this article under applicable principles of preemption.

  • An illustration of a statute of the United States that governs consumer leases is the Consumer Leasing Act, 15 U.S.C. sections 1667-1667(e) (1982) and its implementing regulation, Regulation M, 12 C.F.R. section 213 (1986); the statute mandates disclosures of certain lease terms, delimits the liability of a lessee in leasing personal property, and regulates the advertising of lease terms. An illustration of a state statute that governs consumer leases and which if adopted in the enacting state prevails over this article is the Unif. Consumer Credit Code, which includes many provisions similar to those of the Consumer Leasing Act, e.g., Unif. Consumer Credit Code sections 3.202, 3.209, 3.401, 7A U.L.A. 108-09, 115, 125 (1974), as well as provisions in addition to those of the Consumer Leasing Act, e.g., Unif. Consumer Credit Code sections 5.109-.111, 7A U.L.A. 171-76 (1974) (the right to cure a default). Such statutes may define consumer lease so as to govern transactions within and without the definition of consumer lease under this article.

  • 3. Under subsection (2), subject to certain limited exclusions, in case of conflict a statute or a decision described in subsection (1) prevails over this article. For example, a provision like Unif. Consumer Credit Code section 5.112, 7A U.L.A. 176 (1974), limiting self-help repossession, prevails over section 2A-525(3). A consumer protection decision rendered after the effective date of this article may supplement its provisions. For example, in relation to article 9 a court might conclude that an acceleration clause may not be enforced against an individual debtor after late payments have been accepted unless a prior notice of default is given. To the extent the decision establishes a general principle applicable to transactions other than secured transactions, it may supplement section 2A-502.

  • 4. Consumer protection in lease transactions is primarily left to other law. However, several provisions of this article do contain special rules that may not be varied by agreement in the case of a consumer lease. E.g., sections 2A-106, 2A-108, and 2A-109(2). Were that not so, the ability of the parties to govern their relationship by agreement together with the position of the lessor in a consumer lease too often could result in a one-sided lease agreement.

  • 5. In construing this provision the reference to statute should be deemed to include applicable regulations. A consumer protection decision is "final" on the effective date of this article if it is not subject to appeal on that date or, if subject to appeal, is not later reversed on appeal. Of course, such a decision can be overruled by a later decision or superseded by a later statute.

  • Cross References:

  • Sections 2A-103(1)(e), 2A-106, 2A-108, 2A-109(2), and 2A-525(3).

  • Definitional Cross Reference:

  • "Lease". Section 2A-103(1)(j).