Smith on The Law of Assignment
Oxford University Press (Verlag)
978-0-19-899128-1 (ISBN)
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Smith on the Law of Assignment is the leading text on the law relating to intangible property or choses in action. It's clear and approachable structure covers 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, how it is transferred or assigned, the consequences of transfer, and the remedies of the dispossessed owner.
The book's approach is both analytical and practical. The first part of the book analyses the general principles regarding intangibles and their transfer. The book then examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases and intellectual property under the law.
The fourth edition includes new chapters on dealing in litigation rights, in particular through collective proceedings, and considers the different regimes governing such proceedings. Other significant developments include expanded content on securities and their modes of transfer, enabling the creation of markets. The work contains fresh analysis of the distinction between tangible and intangible property and articulates where the law of property begins and the law of obligations ends. The fourth edition has also been updated with new material examining the nature of cryptocurrencies.
Rachael Mulheron KC (Hon) is Professor of Tort Law and Civil Justice at Queen Mary University of London. She is widely published in the areas of class actions, costs and funding, general civil procedure, and Tort law. Professor Mulheron was academic member of the Civil Justice Council of England and Wales 2009-18. As the request of the government or the judiciary, she has chaired various working parties, served as a member of relevant rules-drafting committees, undertaken empirical studies, served as official monitor of a pilot court project, and served as principal author of various reports and publications across numerous topics of controversy within civil procedure. Sir Marcus Smith was called to the Bar in 1991 and took silk in 2010. Whilst in practice at the Bar (Fountain Court Chambers), he had a broad commercial and Chancery practice. He was appointed a chairman of the Competition Appeal Tribunal in 2009 and was the chair of the Appeals Committee of the Human Fertilisation and Embryology Authority between 2015 and 2017. He became a High Court Judge (Chancery Division) in January 2017. He is authorised to sit as a judge of Financial List and of the Patents Court, and sits additionally in the Upper Tribunal (Tax and Chancery) and the Administrative Court. Between 2019 and 2021, Marcus was Business and Property Courts Supervising Judge for the Midland, Western and Wales Circuits. He relinquished that role on his appointment, in November 2021, as President of the Competition Appeal Tribunal. His three-year term as President expired in November 2024. Nico Leslie is a leading commercial junior. He is regularly instructed in some of the most significant commercial litigation both in England and internationally, and is recognised in the legal directories as a Leading Junior in the fields of Banking & Finance, Civil Fraud, Commercial Litigation, Insolvency, Offshore, Professional Negligence, Art & Cultural Property and International Arbitration: Counsel. He was named the 'Banking & Finance Junior of the Year' by Chambers & Partners in 2022 (having been nominated for the same award in 2020) and was nominated as 'Professional Negligence Junior of the Year' by Legal 500 in 2023. Nico was co-author of the second and third editions of The Law of Assignment with Sir Marcus Smith, and has acted, both led and unled, in some of the most significant assignment-related cases of recent years.
I: Foundations
1: Introduction
2: Nature and Characteristics of Intangibles
3: Territoriality and Intangible Property
II: General
4: Causes of Action and Judgement Debts
5: Rights Under a Contract
6: Debts
7: Transfer of Choses in Action: Historical Overview
8: Conceptual Underpinnings
9: Money, Cryptocurrencies and Negotiable Instruments
10: Equitable Assignment of Choses in Action
11: Transfer of Choses in Action on Trust
12: Promises to Assign or Create a Trust
13: Assignments under Section 136 of the Law of Property Act 1925
14: Dealing in Rights to Litigate
15: The Group Litigation Order Regime
16: The Multiple Claimants Regime
17: The Representative Rule Regime
18: Collective Proceedings in Competition Cases
19: Assignment of Burdens
20: Intangibles Not Transferable by Reason of Public Policy
21: Personal Obligations
22: Prohibitions on Assignment
23: Assertion and Loss of Ownership
24: Consequences and Effects of an Assignment
25: Extinction of Intangible Property
26: Priorities and the Loss of Title
27: Vindication of an Owner's Rights
III: Shares, Securities, and Markets
28: The Nature of Securities
29: Holding and Transfer of Paper Securities
30: Holding anf Transfer of Dematerialised Securities
31: Holding and Transfer of Immobilised Securities
32: Macro-Property and Markets
33: Fungible Contracts and Class Actions
IV: Multilateral Intangible Property
34: Multilateral Choses
35: Creation and Transfer of Intellectual Property Rights
V: Security Over Intangible Property
36: Security
| Erscheint lt. Verlag | 30.1.2026 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 171 x 246 mm |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Sachenrecht | |
| Recht / Steuern ► Wirtschaftsrecht ► Bank- und Kapitalmarktrecht | |
| Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht | |
| ISBN-10 | 0-19-899128-2 / 0198991282 |
| ISBN-13 | 978-0-19-899128-1 / 9780198991281 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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