Smith on the Law of Assignment(4)

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  • 電子書籍

Smith on the Law of Assignment(4)

  • 言語:ENG
  • eISBN:9780198991298

ファイル: /

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.

Table of 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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