The Assignment of Contractual Rights

The Assignment of Contractual Rights
Title The Assignment of Contractual Rights PDF eBook
Author Gregory J. Tolhurst
Publisher Bloomsbury Publishing
Total Pages 545
Release 2016-06-16
Genre Law
ISBN 1509902430

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This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by 'assignment', the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment, and what rights and remedies are available to the parties to an assignment. In reviewing the first edition, The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted-read carefully, slowly and repeatedly-by any practitioner facing an assignment problem. ... It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years' (2008) 30 Sydney Law Review 169.

Guest on the Law of Assignment

Guest on the Law of Assignment
Title Guest on the Law of Assignment PDF eBook
Author Anthony Gordon Guest
Publisher Sweet & Maxwell
Total Pages 449
Release 2012
Genre Law
ISBN 0414024648

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Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action.

Guest on the Law of Assignment

Guest on the Law of Assignment
Title Guest on the Law of Assignment PDF eBook
Author Khai Ying Liew
Publisher
Total Pages 450
Release 2018-10-31
Genre
ISBN 9780414062757

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Understanding the Law of Assignment

Understanding the Law of Assignment
Title Understanding the Law of Assignment PDF eBook
Author C. H. Tham
Publisher Cambridge University Press
Total Pages 523
Release 2019-10-17
Genre Law
ISBN 1108475280

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Explains how intangible assets such as contractual debts or equitable entitlements may be assigned under English law.

The Function of Equity in International Law

The Function of Equity in International Law
Title The Function of Equity in International Law PDF eBook
Author Catharine Titi
Publisher Oxford University Press
Total Pages 224
Release 2021-06-11
Genre Law
ISBN 0192638270

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This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Drafting International Contracts

Drafting International Contracts
Title Drafting International Contracts PDF eBook
Author Marcel Fontaine
Publisher BRILL
Total Pages 674
Release 2015-03-31
Genre Law
ISBN 9047430239

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Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

Assignment in European Private International Law

Assignment in European Private International Law
Title Assignment in European Private International Law PDF eBook
Author Axel Flessner
Publisher sellier. european law publ.
Total Pages 143
Release 2006
Genre Accounts receivable loans
ISBN 3866530080

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The assignment of contractual rights is of immense importance for the world of business and finance. Never before have assignments taken place on such a large scale as is the case in the contemporary securitisation market. Many receivables-based financial transactions, such as securitisations, are cross-border transactions. It is therefore often crucial to determine which law governs the proprietary aspects of assignment. The European Commission has, in its "proposal for a regulation on the law applicable to contractual obligations," formulated a new conflict rule referring the enforceability of an assignment against third parties to the law of the assignor's residence. This book demonstrates how the solution which has been adopted by the Commission is inadequate for receivables-based cross-border transactions. The authors argue that a cross-border assignment should, instead, be governed by the law chosen by the assignor and the assignee and, in the absence of a choice, by the law applicable to the assigned claim. The most important policy behind the Commission's conflict rule, i.e. that the assignor's creditors should be able to look to the assignor's law for registration requirements, can be realized in subtler ways, in particular by means of a special conflict rule for public filing systems. The Annexes contain the full texts of the Commission's Proposal, the UN Convention on the Assignment of Receivables, and Chapter 11 of the Principles of European Contract Law (Assignment of Claims).