The Law of Assignment The Creation and Transfer of Choses in Action

by Smith, Marcus

• ISBN13: 9780199585083
• ISBN10: 0199585083
• Edition: 2nd
• Format: Hardcover
• Copyright: 2013-05-10
• Publisher: Oxford University Press

Summary

This new edition of The Law of Assignment provides a comprehensive treatment of the law relating to intangible property or choses in action. It considers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action and equitable rights). The book considers the nature of intangible property, how it comes into being and how it is transferred or assigned. It considers the consequences of transfer, including what property cannot be transferred and the difficult question of priorities. The book's approach is both analytical and practical. The first parts of the book focus on general principles regarding intangibles and their transfer. The book then moves on to consider the law relating to particular types of intangibles, securities (paper, immobilized and dematerialized), insurance contracts, leases and intellectual property. There is an expanded section on the taking of security over intangibles, as well as new material on rights or causes of action to reflect recent developments in litigation finance and no-win/no-fee arrangements. The Equities chapter is expanded to cover the transferability of notes and other debt securities, while the section on assignability of debts is expanded to include practical treatment of factoring. Also included is new comparative European and US material.

Author Biography

Marcus Smith was educated at Balliol College, Oxford (BA 1988, BCL 1990; MA 1992) and the University of Munich. He was called to the Bar in 1991, and has been in practice at Fountain Court ever since. He specialises in all aspects of commercial law, but in particular insurance, reinsurance and banking. He was a lecturer in law at Balliol College (1991-1994), teaching contract, tort and constitutional law.

Table of Contents

1. Introduction
Part I: Choses in Action and their Nature
2. Nature and Characteristics of Choses in Action
3. Classification and Creation of Choses in Action
4. Contracts for the Benefit of Third Parties
Part II: The Transfer of Choses in Action
5. Transfer of Choses in Action: Historical Overview
6. Conceptual Underpinnings
7. Assignment of Choses in Action
8. Transfer of Choses in Action on Trust
9. Promises to Assign or Create a Trust
10. Assignments Under S136 of the Law of Property Act 1925
Part III: Consequences and Effects of Assignments
11. Unassignable Choses
12. Consequences and Effects of an Assignment: the Rule That the Debtor Shall Not be Prejudiced by the Assignment
13. Insolvency and Assignment
14. Priorities
15. Involuntary Assignments
Part IV: Assignments in Particular Contexts
16. Debts and Money
17. Securities
18. Insurance Contracts
19. Leases
20. Intellectual Property
21. Security Over Choses in Action
22. Rights or Causes of Action
Part V: Conflict of Laws
23. Conflict of Laws