The law of assignment
/ Marcus Smith, and Nico Leslie
- 2nd ed.
- Oxford : Oxford University Press, 2013
- xcix, 821 p. ; 26 cm.
includes index.
Introduction Nature and characteristics of intangibles Rights or causes of action Debts Rights under a contract Securities Intellectual property Leases Documentary intangibles and negotiable instruments Transfer of choses in action : historical overview Conceptual underpinnings Negotiation and the transfer of money Assignment of choses in action Transfer of choses in action on trust Promises to assign or create a trust Assignments under Section 136 of the Law of Property Act 1925 Transfer of insurance contracts Transfer of leases The transfer of securities Transfer of intellectual property Assignment of burdens Intangibles not transferable by reason of public policy The assignment of bare rights to litigate : champerty and maintenance Personal obligations Prohibitions on assignment Consequences and effects of an assignment Priorities and the loss of title Extinction of intangible property In Rem claims : following and tracing In Personam claims protecting property Multiple claims and the avoidance of multiple recovery Insolvency and assignment Involuntary transfers Security over intangibles Assignments and the conflict of laws
"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." (OUP)