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The Law of Assignment, 3rd Edition by Smith, Marcus; Leslie, Nico (8th March 2018)

Part II The Transfer of Intangible Property, 10 Transfer of Choses in Action: Historical Overview

From: The Law of Assignment (3rd Edition)

Marcus Smith, Nico Leslie

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 26 August 2019

Subject(s):
Rights of third party and insurance

This chapter discusses the transfer of choses in action. Choses in action have their origin in rights that are personal and, for this reason, non-transferable. This approach of the common law did not change, even when the scope of choses expanded so as to include choses that could not possibly be regarded as personal. Second, as a matter of policy, the common law wished to discourage the acquisition of rights of action by third parties for fear of unduly oppressing the debtor or obligee. The chapter then looks at the intervention of equity. Equity's intervention effectively overtook the common law, with equity taking a much more favourable approach to the question of the transfer of choses in action.

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