Also known as: Art. 8 · Art 8 · ECHR Art 8 · Article 8 ECHR
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A division of the Uniform Commercial Code that governs the issuance, transfer, registration, and enforcement of rights in investment securities. It supplies the controlling rules when a transaction involves securities rather than ordinary goods or negotiable instruments.
A division of the Uniform Commercial Code that governs the issuance, transfer, registration, and enforcement of rights in investment securities. It supplies the controlling rules when a transaction involves securities rather than ordinary goods or negotiable instruments.
Select any source to read its text and confirm it supports the definition.
A division of the Uniform Parentage Act that determines parentage for a child conceived by assisted reproduction and born to a gestational or genetic surrogate. It directs courts to apply the specialized provisions of the Uniform Parentage Act governing such arrangements.
Select any source to read its text and confirm it supports the definition.
A division of the Uniform Parentage Act that determines parentage for a child conceived by assisted reproduction and born to a gestational or genetic surrogate. It directs courts to apply the specialized provisions of the Uniform Parentage Act governing such arrangements.
Each sense below has its own examples, sources, and questions.
Andre Antoine contracted to sell his shares in Apollo Energy to Ava Adebayo for $500,000. When the shares were destroyed in a fire before delivery, Ava claimed the transaction fell under UCC Article 2 rules for goods. Because the shares constituted investment securities, Article 8 supplied the governing rules instead, and the risk of loss analysis proceeded under its provisions rather than those for movable goods.
Anita Ali, a U.S. employee of a New York corporation wholly owned by a Japanese parent, sought to invoke Article VIII(1) of a Friendship, Commerce and Navigation Treaty. The court held that the locally incorporated subsidiary was not a company of Japan under the treaty. Article 8 therefore provided no protection against the employment practices challenged in the suit.
Abigail Alvarez was indicted by information rather than grand jury under a state procedure. She argued that the process violated fundamental rights protected by the Fourteenth Amendment. The Court analyzed whether Article 8 of the state constitution or related provisions altered the federal due process inquiry.
Atlas Ventures, acting as executor for a foreign decedent's estate, faced a state statute that restricted inheritance by nonresident aliens. The Court held that the statute impermissibly interfered with foreign relations. Article 8 of the relevant treaty framework therefore displaced the state rule.
A court first determines whether the subject matter consists of investment securities. If the items are securities, Article 8 supplies the rules for transfer and rights. Article 2 does not apply because its definition of goods expressly excludes securities governed by Article 8.
Supporting sources
Article 8 governs when the transaction or status determination falls within its specialized subject matter, such as securities transfers under the UCC or surrogacy parentage under the Uniform Parentage Act. Conflicting articles yield to the more specific Article 8 provisions.
Supporting sources
Albert Allen and his husband Alfred Ashford obtained a pre-birth parentage judgment in State X declaring them the legal parents of a child carried by a gestational surrogate. After the family relocated to State Y, a hospital social worker asked the State Y court to list the intended parents on the birth record. The court applied Article 8 of the Uniform Parentage Act to recognize the existing judgment without requiring a new determination based on genetics or birth.
No. Article 8 recognizes parentage established by a court judgment entered in an assisted reproduction proceeding under the Uniform Parentage Act, even when the intended parents lack a genetic or gestational tie to the child.
Supporting sources
…for the interpretation of the [Friendship, Commerce and Navigation] Treaty, reiterates its view concerning the application of Article 8, Paragraph 1 of the Treaty: For the purpose of the Treaty, companies constituted under the applicable laws. . . of either Party shall be deemed companies thereof and, therefore, a…