The Law of Assignment, 3rd Edition By Marcus Smith

The Law of Assignment By Marcus Smith, Nico Leslie

New to this Edition of The Law of Assignment:

• New chapters on powers of attorney and factoring have been added.
• The chapter about legal conflicts has been updated.
• Additional security coverage, particularly in relation to the operation of settlement systems.

The Law of Assignment is the most authoritative work on the law of intangible property and choices in action. Its simple and straightforward structure addresses all types of intangible property (debts, contractual rights, securities, intellectual property, leases, rights/causes of action, and equitable rights), taking into account the nature of intangible property, how it is created, and how it is transferred or assigned.

The book's first section explores broad ideas relating to intangibles and their transfer, while the second section looks at practical aspects relating to specific types of intangibles, such as securities, insurance contracts, leases, and intellectual property under the law.

New chapters on powers of attorney and factoring, both of which are crucial in legal practise, have been included to the third edition. The chapter on leases has been expanded to include the leasing of chattels, and there is more material on securities, particularly regarding the operation of settlement systems.

TABLE OF CONTENTS of The Law of Assignment, 3rd Edition

1:Introduction

PART I THE NATURE OF INTANGIBLE PROPERTY
Overview of Part I
2:Nature and Characteristics of Intangibles
3:Rights or Causes of Action
4:Debts
5:Rights Under a Contract
6:Securities
7:Intellectual Property
8:Leases
9:Documentary Intangibles and Negotiable Instruments

PART II THE TRANSFER OF INTANGIBLE PROPERTY
Overview of Part II
10:Transfer of Choses in Action: Historical Overview
11:Conceptual Underpinnings
12:Negotiation and the Transfer of Money
13:Assignment of Choses in Action
14:Transfer of Choses in Action on Trust
15:Promises to Assign or Create a Trust
16:Assignments Under Section 136 of the Law of Property Act 1925

PART III TRANSFERS IN PARTICULAR CONTEXTS
Overview of Part III
17:Transfer of Insurance Contracts
18:Transfer of Leases
19:The Transfer of Equity and Debt Securities
20:Transfer of Intellectual Property

PART IV INTANGIBLE PROPERTY THAT IS INCAPABLE OF TRANSFER
Overview of Part IV
21:Assignment of Burdens
22:Intangibles Not Transferable by Reason of Public Policy
23:The Assignment of Bare Rights to Litigate: Champerty and Maintenance
24:Personal Obligations
25:Prohibitions on Assignment

PART V THE EFFECTS OF ASSIGNMENT, THE PERSISTENCE OF PROPERTY RIGHTS, AND THE VINDICATION OF AN OWNER S RIGHTS
Overview of Part V
26:Consequences and Effects of an Assignment
27:Priorities and the Loss of Title
28:Extinction of Intangible Property
29:Vindication of an Owner s Rights

PART VI SPECIAL REGIMES FOR TRANSFER
Overview of Part VI
30:Insolvency and Assignment
31:Involuntary Transfers

PART VII SECURITY
32:Security over Intangibles

PART VIII CONFLICT OF LAWS
33:Assignment and the Conflict of Laws

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