Section 28-12-304 – SUBSEQUENT LEASE OF GOODS BY LESSOR.
28-12-304. SUBSEQUENT LEASE OF GOODS BY LESSOR. (1) Subject to section 28-12-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection […]
Section 28-12-305 – SALE OR SUBLEASE OF GOODS BY LESSEE.
28-12-305. SALE OR SUBLEASE OF GOODS BY LESSEE. (1) Subject to the provisions of section 28-12-303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and except […]
Section 28-12-306 – PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.
28-12-306. PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW. If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or […]
Section 28-12-307 – PRIORITY OF LIENS ARISING BY ATTACHMENT OR LEVY ON, SECURITY INTERESTS IN, AND OTHER CLAIMS TO GOODS.
28-12-307. PRIORITY OF LIENS ARISING BY ATTACHMENT OR LEVY ON, SECURITY INTERESTS IN, AND OTHER CLAIMS TO GOODS. (1) Except as otherwise provided in section 28-12-306, a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise provided in subsection (3) of this section and in sections 28-12-306 and 28-12-308, a […]
Section 28-12-308 – SPECIAL RIGHTS OF CREDITORS.
28-12-308. SPECIAL RIGHTS OF CREDITORS. (1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and […]
Section 28-12-309 – LESSOR’S AND LESSEE’S RIGHTS WHEN GOODS BECOME FIXTURES.
28-12-309. LESSOR’S AND LESSEE’S RIGHTS WHEN GOODS BECOME FIXTURES. (1) In this section: (a) Goods are "fixtures" when they become so related to particular real estate that an interest in them arises under real estate law; (b) A "fixture filing" is the filing, in the office where a record of a mortgage on the real […]
Section 28-12-310 – LESSOR’S AND LESSEE’S RIGHTS WHEN GOODS BECOME ACCESSIONS.
28-12-310. LESSOR’S AND LESSEE’S RIGHTS WHEN GOODS BECOME ACCESSIONS. (1) Goods are "accessions" when they are installed in or affixed to other goods. (2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in […]
Section 28-12-311 – PRIORITY SUBJECT TO SUBORDINATION.
28-12-311. PRIORITY SUBJECT TO SUBORDINATION. Nothing in this chapter prevents subordination by agreement by any person entitled to priority. History: [28-12-311, added 1993, ch. 287, sec. 1, p. 997.]
Section 28-12-301 – ENFORCEABILITY OF LEASE CONTRACT.
28-12-301. ENFORCEABILITY OF LEASE CONTRACT. Except as otherwise provided in this chapter, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties. History: [28-12-301, added 1993, ch. 287, sec. 1, p. 990.]
Section 28-12-302 – TITLE TO AND POSSESSION OF GOODS.
28-12-302. TITLE TO AND POSSESSION OF GOODS. Except as otherwise provided in this chapter, each provision of this chapter applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that […]