Full Description
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.
Contents
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
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