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

Part V The Effects of Assignment, The Persistence of Property Rights, and The Vindication of An Owner’s Rights, 26 Consequences and Effects of An Assignment

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: 08 July 2020

Intangibles as goods

This chapter discusses the consequences and effects of an assignment. Although the paradigm of transfer applies clearly to multilateral intangible property, it applies much less easily to bilateral intangible property. Interests in multilateral intangible property are fully fledged property rights, good against ‘all the world’. Bilateral intangible property, whilst undoubtedly having some of the characteristics of property, lacks this characteristic of universal enforceability. In the case of bilateral intangible property, the right that is transferred remains, for all its transferability, a personal right as against an identified debtor. There is no question of a right subsisting against ‘all the world’. Rather, there is a right—originally owed by the debtor to the assignor—that is transferred from the assignor to the assignee.

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