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

Part I The Nature of Intangible Property, 2 Nature and Characteristics of Intangibles

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: 15 June 2019

Subject(s):
Intangibles as goods — Industrial and IP rights and obligations of the seller — Interests and terminology and transfer of title

This chapter discusses the fundamentals of property law, particularly considering the nature of property interests, and the distinction between rights in rem and in personam, or between property interests and personal interests. The law of property is concerned not with things, but rather with interests (or rights) in things. Whereas the thing itself may be (but is not always) tangible, the interest in (or relating to) the thing is inevitably intangible or abstract. The distinction between property interests and personal interests may be expressed as the difference between owning something and being owed something. The chapter then considers the English law classification of things, and the place of choses in action within that classification; the characteristics of choses in action; and the extent to which ownership in choses of action or intangibles can be shared, divided, or otherwise fragmented.

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