The Assignment of Contractual Rights

ISBN: 9781849463324 出版年：2016 页码：545 Gregory J Tolhurst Bloomsbury Publishing

Preface PART 1: INTRODUCTION 1.Introduction (a) General (b) Structure of Book (c) Some Limitations 2.A Brief History of Assignment (a) Introduction (b) Choses in Action (c) Assignment of Choses in Action (d) Conclusion PART 2: THE NATURE OF ASSIGNMENT 3.Assignment and the Concept of Transfer (a) Introduction (b) Meaning of Assignment (i) Introduction (ii) Assignment distinguished from other transactions (c) Assignment as Transfer (d) The Element of Intention (i) Introduction (ii) Outright assignment and security assignments (iii) Equitable charges (iv) Declarations of trust (e) The Requirement of a Proprietary Right (f) Assignment and Privity of Contract 4. Equitable Assignments (a) Introduction (b) Equitable Assignment of Equitable Interests (c) Equitable Assignment of Legal Interests Assignable at Law (i) Introduction (ii) The character of an equitable assignment of a legal right (iii) Notice and joinder (d) Equitable Assignment of Legal Interests Not Assignable at Law (e) Assignment of Future Interests 5. Statutory or Legal Assignments (a) Introduction (b) The Procedural View (c) The Substantive View (d) Conclusion PART 3: ASSIGNMENT OF CONTRACTUAL RIGHTS 6. Assignable Contractual Rights (a) Introduction (b) The Requirement of a Chose in Action (i) Contractual rights as choses in action (ii) Contractual rights as property rights (iii) Ownership of contractual rights (c) The Requirement of Present Property (i) Introduction (ii) The distinction between present and future property (iii) Dealings in conditional, contingent and unconditional contractual rights (d) Division and Separation of Contractual Rights (e) Restrictions on the Assignment of Contractual Rights (i) Introduction (ii) Public policy restrictions (iii) Personal contractual rights and obligations A. Personal contractual rights B. Personal obligations (iv) Contractual provisions dealing with assignment (v) The principle of transfer as it relates to the personal rights rule and contractual provisions dealing with assignment (vi) Assignment may not vary the obligations of the obligor (f) Assignment of Contractual Burdens 7. Formalities (a) Introduction (b) Intention (c) Subject Matter (d) Formalities (i) Equitable assignments of choses in action the assignment of legal interests (ii) Equitable assignments of choses in action the assignment of equitable interests (iii) Legal assignments of choses in action (iv) Assignment of future contractual rights PART 4:THE POSITION OF THE PARTIES 8. The Position of the Parties (a) Introduction (b) Assignor/Obligor (c) Assignor/Assignee (d) Assignee/Obligor (i) The rights of the assignee (ii) The rights of the obligor (iii) The rights of the obligor: Transfer and the obligor's ability to vary the contract after notice of assignment (iv) The rights of the obligor: Transfer and the obligor's defences against the assignor to which the assignee is subject (v) The rights of the obligor: Unconscionable conduct and the obligor's defences against the assignor to which the assignee is subject (vi) Counterclaims (e) Successive Assignments (f) Insolvency (g) Controlling the Discretion of the Obligor