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Abstract:
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Beginning last year the subject of the Commercial Transactions article was revised to better reflect the significant impact of bank insolvency cases on commercial issues. The revision took the form of a separate article covering banking law developments during the 1989 Survey period including the continuing expansion of the D'Oench, Duhme doctrine, the scope of the FDIC's receiver authority to transfer assets of a failed bank without compliance with state law, and several regulatory and lender liability issues. Since this coverage revision continues this year, this Article will merely note cases that are covered more fully in the Banking Article. The reader should, therefore, consult both articles in overlap areas of commercial law and banking law. The cases discussed in this Article concentrate on matters litigated under the Uniform Commercial Code, adopted in Texas as the Texas Business and Commerce Code (the "Code"). |
