South Carolina § 36-1-104 - Construction against implicit repeal.
Full text of South Carolina South Carolina Code of Laws § 36-1-104 — Construction against implicit repeal., with citation guidance and answers to common questions.
§ 36-1-104. Construction against implicit repeal.
The Uniform Commercial Code, being a general enactment of chapters under Title 36, intended as a unified coverage of its subject matter, no part of it shall be considered to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
HISTORY: 1962 Code SECTION 10.1-104; 1966 (54) 2716; 2014 Act No. 213 (S.343), SECTION 1, eff October 1, 2014.
OFFICIAL COMMENT
Source: Former Section 1-104.
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.
1. 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that bears evidence of carefully considered permanent regulative intention should not lightly be regarded as impliedly repealed by subsequent legislation.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.
Editor's Note
"This act," referred to in this section, means Act No. 1065 of the 1966 Acts and Joint Resolutions, originally codified as Titles 10.1 to 10.10 of the Code of Laws of South Carolina 1962, and now codified as Title 36 of the Code of Laws of South Carolina 1976.
2014 Act No. 213, SECTION 51, provides as follows:
"SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 36-1-104
What does South Carolina Code of Laws § 36-1-104 cover?
Section 36-1-104 ("Construction against implicit repeal.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 36-1-104?
A common citation format is "South Carolina Code of Laws § 36-1-104" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 36-1-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.