75-1-105 - Territorial application of the code; parties' power to choose applicable law. - Mississippi Statutes

§ 75-1-105. Territorial application of the code; parties' power to choose applicable law.
 

(1)  Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement, this code applies to transactions bearing an appropriate relation to this state. Provided, however, the law of the State of Mississippi shall always govern the rights and duties of the parties in regard to disclaimers of implied warranties of merchantability or fitness, limitations of remedies for breaches of implied warranties of merchantability or fitness, or the necessity for privity of contract to maintain a civil action for breach of implied warranties of merchantability or fitness notwithstanding any agreement by the parties that the laws of some other state or nation shall govern the rights and duties of the parties. 

(2)  Where one of the following provisions of this code specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified: 
 

Rights of creditors against sold goods (Section 75-2-402). 
 

Applicability of the Article on Leases (Sections 75-2A-105 and 75-2A-106). 
 

Applicability of the Article on Bank Deposits and Collections (Section 75-4-102). 
 

Governing law in the Article on Funds Transfers (Section 75-4A-507). 
 

Letters of credit (Section 75-5-116). 
 

Applicability of the Article on Investment Securities (Section 75-8-110). 
 

Law governing perfection, the effect of perfection or nonperfection, and the priority of security interests and agricultural liens (Sections 75-9-301 through 75-9-307). 
 

Sources: Codes, 1942, § 41A:1-105; Laws,  1966, ch. 316, § 1-105; Laws, 1977, ch. 452, § 1; Laws,  1991, ch. 316, § 1; Laws, 1994, ch. 445, § 2; Laws, 1996, ch. 460, § 19; Laws, 1996, ch. 468, § 53; Laws, 2001, ch. 495, § 4, eff from and after Jan. 1, 2002.