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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, 11 Conceptual Underpinnings

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: 04 July 2020

Rights of third party and insurance

This chapter examines the manner in which choses in action can be assigned when they are not embodied in a negotiable instrument. Assigning a chose in action involves the transfer of that chose from the assignor to the assignee. Leaving aside the legal consequences of such an act, the legal requirements necessary to effect an assignment ought to be straightforward and easy to state. However, this is not the case. The English law of assignment is highly and unnecessarily complex. This is for a number of reasons: complexity arising out of the number of different ways in which a chose in action can be transferred; complexity arising out of the interrelationship between the various forms of equitable assignment; complexities arising out of the interrelationship between the various different statutory modes of assignment; and complexity arising out of the interrelationship between equitable and statutory assignments.

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