
Governing Law:
1. TRPA, the Tex. Rev. Pship Act
2. Uniform Pship Act:
– pre ’62: Pships governed by c/L
– 1962: Texas adopted TUPA [Tex. Rev. Civ. St. Art. 6132b]
– 1/1/1994: Texas adopted TRPA [6132b 1.01 et seq.]
– 1/1/99: TUPA expired comletely (now TRPA governs everything)
– 1/94 – 1/99
a) New Pships goverend by TRPA
b) Existing Pships goverend by TUPA (or by Trpa upon agreement of the Ps)
4. Authority Hypo: you have a case in 1999 and there is no Trpa or Tupa case, but there’s an old c/L case from 1960. You can use it, but must prove to the judge that the law hasn’t changed since then. You can also use cases from outside Tx jx and use other states cases if it’s a “uniform” section.
5. Choice of law: what state’s laws applies when:
a. Texas Pship doing bsns outside of Texas:
b. Out-of-state Pships doing bsns inside Texas:
c. Partners in a bunch of states, including Texas:
Governing Law:
1. TRPA, the Tex. Rev. Pship Act
2. Uniform Pship Act:
– pre ’62: Pships governed by c/L
– 1962: Texas adopted TUPA [Tex. Rev. Civ. St. Art. 6132b]
– 1/1/1994: Texas adopted TRPA [6132b 1.01 et seq.]
– 1/1/99: TUPA expired comletely (now TRPA governs everything)
– 1/94 – 1/99
a) New Pships goverend by TRPA
b) Existing Pships goverend by TUPA (or by Trpa upon agreement of the Ps)
4. Authority Hypo: you have a case in 1999 and there is no Trpa or Tupa case, but there’s an old c/L case from 1960. You can use it, but must prove to the judge that the law hasn’t changed since then. You can also use cases from outside Tx jx and use other states cases if it’s a “uniform” section.
5. Choice of law: what state’s laws applies when:
a. Texas Pship doing bsns outside of Texas:
b. Out-of-state Pships doing bsns inside Texas:
c. Partners in a bunch of states, including Texas:
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