The law of assignment : the creation and transfer of choses in action

著者

    • Smith, Marcus, lawyer

書誌事項

The law of assignment : the creation and transfer of choses in action

Marcus Smith

Oxford University Press, 2007

大学図書館所蔵 件 / 全4件

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注記

Includes index

内容説明・目次

内容説明

Law of Assignment is a comprehensive analysis of the assignment of choses in action. The book begins with an analysis of the wide range of choses recognized by English law, and a consideration of their distinct features. It goes on, after a brief historical overview, to consider the various ways in which English law gives effect to assignments. The effects of valid and invalid assignments are set out, and choses that cannot be assigned described, as well as the difficult question of priorities. Thereafter, assignment is considered in particular contexts (security and insolvency) and the specific rules applicable to the assignment of particular choses are gone through (shares; insurance contracts; intellectual property; documentary intangibles). Lastly, assignment is dealt with in the context of conflict of laws. Although the book seeks to give an insight into the principles that underpin assignment, a major strength of the book is that it deals specifically with the peculiarities of the various different choses in action recognized by English law. Lawyers involved in debt finance, mergers and acquisitions, factoring, shares, insurance, or intellectual property will all find this book useful and structured to their needs.

目次

  • 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 and 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. Transfers of choses in action on trust
  • 9. Promises to assign or to create a trust
  • 10. Assignments under s136 of the Law of Property Act 1925
  • 11. Security of choses in action
  • PART III: CONSEQUENCES AND EFFECTS OF ASSIGNMENTS
  • 12. Unassignable choses
  • 13. Consequences and effects of an assignment: The rule that the debtor shall not be prejudiced
  • 14. Insolvency and assignment
  • 15. Priorities
  • PART IV: ASSIGNMENTS IN PARTICULAR CONTEXTS
  • 16. Involuntary assignments
  • 17. Insurance contracts
  • 18. Leases over land
  • 19. Shares
  • 20. Intellectual property
  • 21. Documentary intangibles and money
  • PART V: CONFLICT OF LAWS
  • 22. Conflict of laws

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