PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429. - 3449.]

Part 2 enacted 1872.

§§ 3429–3449 · 33 sections

1. TITLE 1. GENERAL PRINCIPLES §§ 3429–3434 · 6 sections

   • § 3429 A debtor, within the meaning of this Title, is one who, by reason of an existing obligation, is or may become liable to pay money to another, whether such…
   • § 3430 A creditor, within the meaning of this Title, is one in whose favor an obligation exists, by reason of which he is, or may become, entitled to the payment of…
   • § 3431 In the absence of fraud, every contract of a debtor is valid against all his creditors, existing or subsequent, who have not acquired a lien on the property…
   • § 3432 A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another.
   • § 3433 Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a…
   • § 3434 A lender who makes a loan of money, the proceeds of which are used or may be used by the borrower to finance the design, manufacture, construction, repair,…
2. TITLE 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS §§ 3439–3449 · 27 sections

   1. CHAPTER 1. Uniform Voidable Transactions Act §§ 3439–3439.14 · 14 sections

      • § 3439 This chapter may be cited as the Uniform Voidable Transactions Act.
      • § 3439.01 As used in this chapter the following definitions are applicable: (a) “Asset” means property of a debtor, but the term does not include the following: (1)…
      • § 3439.02 (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (b) A debtor that is generally…
      • § 3439.03 Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or…
      • § 3439.04 (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made…
      • § 3439.05 (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was…
      • § 3439.06 For the purposes of this chapter: (a) A transfer is made: (1) With respect to an asset that is real property other than a fixture, but including the interest…
      • § 3439.07 (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 3439.08, may obtain: (1)…
      • § 3439.08 (a) A transfer or obligation is not voidable under paragraph (1) of subdivision (a) of Section 3439.04, against a person that took in good faith and for a…
      • § 3439.09 A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section…
      • § 3439.10 (a) In this section, the following rules determine a debtor’s location: (1) A debtor who is an individual is located at the individual’s principal residence.…
      • § 3439.12 Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent,…
      • § 3439.13 This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states…
      • § 3439.14 (a) The changes to this chapter made by the act adding this subdivision apply only to a right of action that accrued, transfer made, or obligation incurred, on…
   2. CHAPTER 2. Conveyance of Personal Property Without Delivery §§ 3440–3440.9 · 8 sections

      • § 3440 (a) Except as otherwise provided in this chapter, every transfer of personal property made by a person having at the time the possession of the property, and…
      • § 3440.1 This chapter does not apply to any of the following: (a) Things in action. (b) Ships or cargoes if either are at sea or in a foreign port. (c) The sale of…
      • § 3440.2 Subject to Section 3440.3, a transfer of personal property shall not be void under Section 3440 as against a creditor of the transferor or as against a buyer…
      • § 3440.3 A transfer of personal property, as to which the conditions set forth in subdivision (h) of Section 3440.1, Section 3440.2, or subdivision (b) of Section…
      • § 3440.4 This chapter does not affect the rights of a buyer for value in good faith who purchases the transferred personal property from the transferee or from a…
      • § 3440.5 (a) This chapter does not affect the rights of a secured party who, for value and in good faith, acquires a security interest in the transferred personal…
      • § 3440.6 No action shall be brought or levy made under this chapter more than one year after the earliest of the following dates: (a) The date the person bringing the…
      • § 3440.9 Subdivision (2) of Section 2402 and subdivision (a) of Section 10308 of the Commercial Code are not restricted by the provisions of this chapter.
   3. CHAPTER 3. Undertaking in Voidable Transfer Action §§ 3445–3449 · 5 sections

      • § 3445 As used in this chapter: (a) “Transfer” means “transfer” as defined in Section 3439.01. (b) “Creditor” means “creditor” as defined in Section 3439.01. (c)…
      • § 3446 (a) In an action by a creditor for relief against a transfer or obligation under Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 on…
      • § 3447 The undertaking shall be conditioned that, if it is determined in the action that the transfer or obligation was voidable as to the creditor, the transferee…
      • § 3448 The undertaking shall be in the lesser of the following amounts: (a) Double the value of the property or obligation. (b) Double the amount of the creditor’s…
      • § 3449 The undertaking becomes effective 10 days after service of the undertaking on the creditor.