Smith on the law of assignment / Marcus Smith, Rachael Mulheron, Nico Leslie and Gillian Hughes.

Oxford : Oxford University Press, 2026.

4th edition

203274

Assignments (Law) -- Great Britain.

Part I. Introductory

1. An overview of the book

2. Nature and characteristics of intangibles

3. Private international law

Part II. The general part

Section A Nature of 'core' choses in action

4. Causes of action and judgement debts

5. Rights under a contract

6. Debts

Section B Transfer

7. Transfer of choses in action: historical overview

8. Conceptual underpinnings

9. Money, cryptocurrencies and negotiable instruments

10. Equitable assignment of choses in action

11. Transfer of choses in action on trust

12. Promises to assign or create a trust

13. Assignments under section 136 of the law of property act 1925

Section C Rights of action collective proceedings, champerty, and maintenance

14. Dealing in rights to litigate

15. The group litigation order regime

16. The multiple claimants regime

17. The representative rule regime

18. Collective proceedings in competition cases

Section D Choses incapable of transfer

19. Assignment of burdens

20. Intangibles not transferable by reason of public policy

21. Personal obligations

22. Prohibitions on assignment

Section E Rights of ownership

23. Assertion and loss of ownership: an overview

24. Consequences and effects of an assignment

25. Extinction of intangible property

26. Priorities and the loss of title

27. An owner's rights 'out of posession'

Part III. The special part: specific intangible property

Section A Shares, securities, and markets

28. The nature of securities

29. Holding and transfer of paper securities

30. Holding and transfer of dematerialized securities

31. Holding and transfer of immobilized securities

32. Macro-property and markets

33. Fungible contracts and class actions

Section B Intellectual property

34. The nature of intellectual properlty

35. Creation and transfer of intellectual property rights

Part IV. Taking security over intangible property

36. Taking security.

Smith on the Law of Assignment is the leading text on the law relating to intangible property or choses in action. It's clear and approachable structure covers all forms of intangible property: debts, rights under contract, securities, intellectual property, leases, rights/causes of action, and equitable rights. The book considers the nature of intangible property, how it comes into being, how it is transferred or assigned, the consequences of transfer, and the remedies of the dispossessed owner. The book's approach is both analytical and practical. The first part of the book analyses the general principles regarding intangibles and their transfer. The book then examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases and intellectual property under the law. The fourth edition includes new chapters on dealing in litigation rights, in particular through collective proceedings, and considers the different regimes governing such proceedings. Other significant developments include expanded content on securities and their modes of transfer, enabling the creation of markets. The work contains fresh analysis of the distinction between tangible and intangible property and articulates where the law of property begins and the law of obligations ends. The fourth edition has also been updated with new material examining the nature of cryptocurrencies. - Publisher's website.

Previous editon 2023.

Includes bibliographical references and index.

9780198991281

xcv, 1040 pages ; 26 cm