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

Price: $495.00
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Published 26 March 2013 (OUP)
ISBN: 9780199585083. Hard Cover, 880 pages.

  • The only comprehensive and definitive work on the complex topic of intangible property
  • Full consideration of assignment in all appropriate areas (debt finance, securities, insurance and intellectual property) 
  • Checklist of key questions to consider when assigning a chose with cross-references to answers in the book 
  • Previous edition was cited in courts internationally including in the US and Singapore as well as the UK
  • Includes new material on rights or causes of action to reflect recent developments in litigation finance and no-win/no-fee arrangements
New to this edition 

  • New material on the transferability of debt securities and factoring 
  • New coverage of rights or causes of action, including developments in litigation finance and no-win/no-fee arrangements
  • More comparative approach for new edition considers the law in the US and at EU level 
  • Includes analysis of Rome I in relation to matters of assignment
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. 

Readership: Barristers and solicitors (both private practice and in-house) involved in debt finance, mergers and acquisitions, factoring, securities, insurance and intellectual property. Academics in commercial law will also find this book useful.

Review(s) from previous edition

"The resulting 616-page volume is a triumph of text book writing. It was a job worth doing and Smith has done it exceedingly well. The book is excellently structured and easy to navigate. Its coverage is about as comprehensive as it is possible to wish for...In conclusion, Smith's treatise is a triumph, and one of the most important new works in commercial law for decades... - Professor Gerard McMeel (2008) 37 CLWR 100 

"Smith is overly modest in saying that the English law of assignment is "unnecessarily complex" (p140): he resolves a number of complexities, and demonstrates that other complexities are necessary outworkings of the different natures of the various rights concerned. Smith's achievements in these ways can be openly acknowledged, as can the many other good qualities found in his book." - Restitution Law Review - [2008] RLR 257 20/10/2008 

"To practitioners in this area of law, this book will be an invaluable companion." - International Company and Commercial Law Review 2008 

"...a splendid piece of work. The coverage is comprehensive, practical and brisk...if you are a practitioner needing an answer to (almost) any question on assignment, then Smith must be the choice: readable, well-laid-out and limpidly clear..." - Professor Andrew Tettenborn [2007] LMCLQ 571

"This breadth, coupled with Smith's clear writing, gives the work a unique force." - Restitution Law Review - [2008] RLR 257 20/10/2008 

"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 material which 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 

Table of Contents

1: Introduction 

Part I: The Nature of Intangible Property

2: Nature of Choses in Action 

3: Documentary Intangibles 

4: Debts 

5: Rights Under a Contract

6: Securities

7: Intellectual Property

8: Leases 

9: Rights or Causes of Action

Part II: The Transfer of Intangible Property 

10: Transfer of Choses in Action: Historical Overview 

11: Conceptual Underpinnings

12: Negotiation

13: Assignment of Choses in Action

14: Transfer of Choses in Action on Trust

15: Promises to Assign or to Create a Trust

16: Assignments Under Section 136 of the Law of Property Act 1925 

Part III: Transfers in Particular Contexts 

17: Transfer of Insurance Contracts

18: Transfer of Leases

19: Transfer of Securities

20: Transfer of Intellectual Property

Part IV: Intangible Property that is Incapable of Transfer 

21: Overview 

22: Burdens 

23: Public Policy

24: Champerty and Maintenance

25: Personal Obligations

26: Prohibitions on Assignment 

Part V: The Persistence of Property Rights and the Vindication of Property Rights

27: Conceptual Underpinnings 

28: Loss of Title

29: Extinction of Intangible Property 

30: Following and Tracing Property 

31: Personal Actions Protecting Property 

32: Other Remedies: Subrogation and Set-Off

33: The Continuing Role of the Assignor 

Part VI: Special Regimes for the Transfer and Vindication 

34: Insolvency and other Special Regimes

Part VII: Security Over Intangibles 

35: Security 

Part VIII: Conflict of Laws

36: Assignment and the Conflict of Laws Marcus Smith

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