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

Hardcover | May 22, 2013

byMarcus Smith

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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 andequitable 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 debtsecurities, while the section on assignability of debts is expanded to include practical treatment of factoring. Also included is new comparative European and US material.

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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 andequitable rights). The book considers the nature ...

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 Ball...

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Format:HardcoverDimensions:996 pages, 9.69 × 6.73 × 0.98 inPublished:May 22, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199585083

ISBN - 13:9780199585083

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Table of Contents

1. IntroductionPart I: Choses in Action and their Nature2. Nature and Characteristics of Choses in Action3. Classification and Creation of Choses in Action4. Contracts for the Benefit of Third PartiesPart II: The Transfer of Choses in Action5. Transfer of Choses in Action: Historical Overview6. Conceptual Underpinnings7. Assignment of Choses in Action8. Transfer of Choses in Action on Trust9. Promises to Assign or Create a Trust10. Assignments Under S136 of the Law of Property Act 1925Part III: Consequences and Effects of Assignments11. Unassignable Choses12. Consequences and Effects of an Assignment: the Rule That the Debtor Shall Not be Prejudiced by the Assignment13. Insolvency and Assignment14. Priorities15. Involuntary AssignmentsPart IV: Assignments in Particular Contexts16. Debts and Money17. Securities18. Insurance Contracts19. Leases20. Intellectual Property21. Security Over Choses in Action22. Rights or Causes of ActionPart V: Conflict of Laws23. Conflict of Laws

Editorial Reviews

"Given the unfathomably diffuse nature of its subject-matter and the lack of any contemporary precedent, it is a tremendous achievement that Smith's book exists at all. Smith has done the legal community a huge service by bringing together much of the relevant primary and secondary materialwhich make up the large, amorphous and growing body of law on assignment and mechanisms having an equivalent effect to transfer in one fairly compact and succinctly written volume." --Chee Ho Tham (2008) 124 LQR 175