36-103. Interest in land; how created. No estate or interest in land, other than leases for a term of one year from the making thereof, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by operation of law, or […]
36-104. Interest in land; how created; devises; trusts by operation of law. Section 36-103 shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation […]
36-105. Contracts for lease or sale of lands; when void. Every contract for the leasing for a longer period than one year, or for the sale of any lands, shall be void unless the contract or some note or memorandum thereof be in writing and signed by the party by whom the lease or sale […]
36-106. Contracts for lease or sale of lands; specific performance. Nothing contained in sections 36-103 to 36-106 shall be construed to abridge the powers of a court of equity to compel the specific performance of agreements in cases of part performance. Source R.S.1866, c. 43, § 65, p. 293; R.S.1913, § 2626; C.S.1922, § 2454; […]
36-107. Sale of lands; owner’s contract with agent or broker; when void. Every contract for the sale of lands between the owner thereof and any broker or agent employed to sell the same, shall be void, unless the contract is in writing and subscribed by the owner of the land and the broker or agent. […]
36-202. Agreements; writing required, when. In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith: (1) Every agreement that, by its terms, is not to be performed within one year from the making thereof; (2) […]
36-203. Auctioneer’s memorandum, how construed. Whenever goods shall be sold at public auction, and the auctioneer shall, at the time of the sale, enter in a sale book a memorandum specifying the nature and price of the property sold, the terms of sale, the name of the purchaser, and the name of the person on […]
36-211. Motion picture films; contracts for rental; deposits a trust fund; safekeeping. Whenever money shall be deposited or advanced as security on a contract for the use or rental of motion picture films, reels or views, and to secure the performance of the contract or to be applied to payments upon such contract when due, […]
36-212. Motion picture films; contracts for rental; deposits; waiver of rights void. Any provision of a contract whereby a person, association or corporation, who has deposited or advanced money on a contract for the use or rental of motion picture films, reels, or views as personal property, waives any provision of section 36-211, is void. […]
36-213. Assignment of wages by head of family; similar transactions; limitations; when void. Except as provided in the Income Withholding for Child Support Act, every assignment of the wages or earnings of the head of a family and every contract or agreement intending or purporting to have the effect of such assignment shall be void […]
36-213.01. Assignment of wages by head of family; violation; penalty. Any person, firm, corporation, company, partnership, limited liability company, or business institution that violates section 36-213 shall (1) be liable to the party injured through such violation thereof for the amount of the wages withheld by any employer under such void assignment or notice of […]
36-402. Lands; estate and interest in lands, defined. The term lands, as used in sections 36-402 to 36-409, shall be construed as coextensive in meaning with lands, tenements, and hereditaments, and the term estate and interest in lands, shall be construed to embrace every estate and interest, freehold and chattel, legal and equitable, present and […]
36-404. Grant or assignment of existing trust; when void. Every grant or assignment of any existing trust in lands, goods or things in action, unless the same shall be in writing, subscribed by the party making the same, shall be void. Source R.S.1866, c. 43, § 77, p. 296; R.S.1913, § 2645; C.S.1922, § 2555; […]
36-408. Consideration; how proved. The consideration of any contract or agreement, required by the provisions of sections 36-103 to 36-106 and 36-202 to be in writing, need not be set forth in the contract or agreement or in the note or memorandum thereof, but may be proved by any other legal evidence. Source R.S.1866, c. […]
36-409. Agent; authority to subscribe. Every instrument required by any of the provisions of sections 36-103 to 36-106, 36-202, and 36-402 to 36-409 to be subscribed by any party, may be subscribed by his agent thereunto authorized by writing. Source R.S.1866, c. 43, § 84, p. 297; R.S.1913, § 2650; C.S.1922, § 2560; C.S.1929, § […]
36-801. Short title. Sections 36-801 to 36-815 shall be known and may be cited as the Uniform Voidable Transactions Act. Source Laws 2019, LB70, § 1. Annotations 1. Prior law (Uniform Fraudulent Transfer Act, sections 36-701 to 36-712) A person seeking to set aside a transfer under the Uniform Fraudulent Transfer Act must first prove […]
36-802. Definitions. As used in the Uniform Voidable Transactions Act: (1) Affiliate means: (i) a person that directly or indirectly owns, controls, or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities: (A) as a fiduciary or agent without […]
36-803. Insolvency. (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 not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to […]
36-804. Value. (a) 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 satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the […]
36-805. Transfer or obligation voidable as to present or future creditor. (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 or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) […]
