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

Part VI Special Regimes for Transfer, 31 Involuntary Transfers

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: 14 November 2019

Subject(s):
Averting and minimising loss and insurance — Rights of third party and insurance — Risk of loss and insurance — Applicable law and transfer of title

This chapter examines involuntary transfers, that is, assignments or transfers that occur not by virtue of a party's or parties' choice, but by operation of law. Involuntary transfers occur in a number of contexts. One of these has already been considered, namely the statutory assignment of a bankrupt's property to his trustee in bankruptcy. A further type of statutory assignment that occurs in an insurance context—the assignment of an insured's rights against his liability insurer to a third party, to the extent of the insured's liability to that third party by virtue of the Third Parties (Rights Against Insurers) Act 1930—has also been examined. As such, the chapter focuses on three types of involuntary transfer: subrogation; divorce and dissolution; and succession.

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