Publication Type
Journal Article
Version
publishedVersion
Publication Date
4-2020
Abstract
It is not always appreciated that equitable assignment is not “assignment”, the latter being a mode of transfer which involves substitution of the assignee in place of the assignor as obligee to the obligor of the chose in action which has been assigned. This article explains how the “substitutive transfer” conception of equitable assignment is contradicted by well-accepted features of assignment law, and suggests an alternative, non-substitutive account of equitable assignment which provides for a much better “fit”. This article will then suggest some of the implications which may arise from looking at equitable assignment in this non-substitutive manner.
Discipline
Education Law
Research Areas
Corporate, Finance and Securities Law
Publication
Butterworths Journal of International Banking and Financial Law
Volume
2020
First Page
314
Last Page
318
ISSN
0269-2694
Embargo Period
5-4-2021
Citation
THAM, Chee Ho.
Understanding assignments: English, comparative and private international law: some possible implications. (2020). Butterworths Journal of International Banking and Financial Law. 2020, 314-318.
Available at: https://ink.library.smu.edu.sg/sol_research/3249
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.