Section 55-1-104 - Construction against implicit repeal.

NM Stat § 55-1-104 (2019) (N/A)

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The Uniform Commercial Code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.

History: 1953 Comp., § 50A-1-104, enacted by Laws 1961, ch. 96, § 1-104; 2005, ch. 144, § 4.

OFFICIAL COMMENTS

Source. — Former Section 1-104 [55-1-104 NMSA 1978].

Changes from former law. — Except for changing the form of reference to the Uniform Commercial Code, this section is identical to former Section 1-104 [55-1-104 NMSA 1978].

This section embodies the policy that an act that bears evidence of carefully considered permanent regulative intention should not lightly be regarded as impliedly repealed by subsequent legislation. The Uniform Commercial Code, carefully integrated and intended as a uniform codification of permanent character covering an entire "field" of law, is to be regarded as particularly resistant to implied repeal.

The 2005 amendment, effective January 1, 2006, changed the reference from "this act" to "the Uniform Commercial Code".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 11 Am. Jur. 2d Bills and Notes § 51; 15A Am. Jur. 2d Commercial Code §§ 16, 25.

Applicability of constitutional requirement that repealing or amendatory statute refer to statute repealed or amended, 5 A.L.R.2d 1270.

82 C.J.S. Statutes § 291.

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