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The Assignment Of Contractual Rights

Author: Greg Tolhurst
Publisher: Bloomsbury Publishing
ISBN: 1509902430
Size: 22.76 MB
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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.

The Assignment Of Contractual Rights

Author: Greg Tolhurst
Publisher: Bloomsbury Publishing
ISBN: 1509902422
Size: 48.26 MB
Format: PDF, Docs
View: 1575
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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.

The Assignment Of Contractual Rights

Author: Greg Tolhurst
Publisher: Bloomsbury Publishing
ISBN: 1847312683
Size: 38.98 MB
Format: PDF, ePub, Docs
View: 1683
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Assignment is a crucial topic in commercial law, and this new work by Gregory Tolhurst is the most comprehensive work on the assignment of contractual rights ever published. It seeks to explain the existence, meaning and application of the rules governing the assignment of contractual rights and it does this by reference to the idea that assignments involve transfers. The book is logically structured to follow the issues that arise in planning, drafting and enforcing an assignment, including: - what is meant by 'assignment'; - what is 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. The topic of assignment is of such universal importance to commercial lawyers that all practicing lawyers will find this work invaluable. However, the work will also be required reading for academics teaching contract, equity and personal property.

Guest On The Law Of Assignment

Author: Anthony Gordon Guest
Publisher: Sweet & Maxwell
ISBN: 0414024648
Size: 75.66 MB
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Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action.

Assignment In European Private International Law

Author: Axel Flessner
Publisher: sellier. european law publ.
ISBN: 3866530080
Size: 40.32 MB
Format: PDF
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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).

English And European Perspectives On Contract And Commercial Law

Author: Louise Gullifer
Publisher: Bloomsbury Publishing
ISBN: 1782255184
Size: 11.81 MB
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The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.

Clark S Publishing Agreements A Book Of Precedents

Author: Lynette Owen
Publisher: A&C Black
ISBN: 1780432208
Size: 15.85 MB
Format: PDF, ePub
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This comprehensive and unrivalled book provides model agreements, covering a variety of publishing circumstances from head contracts to a range of licensing scenarios. Together with detailed explanatory notes, appendices covering areas of licensing which for practical reasons cannot easily be covered by a single precedent, a separate overview of legal developments and a CD-ROM containing the text of the precedents, this text is invaluable in drafting effective publishing agreements. New to this edition: The ninth edition has been fully revised and updated to include: New sample clauses to cover text and data mining in online subscription agreements; Fully updated Appendix on collective licensing; Revisions to reflect developments re agency and distribution models and data in relation to electronic precedents; All precedents (author and licence contracts), notes and appendices have been updated to take account of the latest digital developments; More coverage of Open Access in the introduction to Journal Contributor Agreements; Updates to the US Market appendix; Hardback and paperback reprints Contents: Acknowledgements for the Ninth Edition; Editor's Preface to the Ninth Edition; Legal Developments: An Introduction to the Ninth Edition; General Book: Author - Publisher Agreement; Educational, Academic, Scientific and Professional Book: Author - Publisher Agreement; Agreement for General Editor of a Book; Agreement for Contributor to a Book; Book Series Editor - Publisher Agreement; Academic Journal: Editor's Agreement; Society-Owned Journal Publishing Agreement; Journal Contributor Agreements; Agreements for Serial Rights; Translator's Agreement; Agreement for Sale of Translation Rights. Appendix: The People's Republic of China, central and eastern Europe and the post-Soviet Union Republics; Same-Language Low Price Reprint Agreement; Illustration and Artwork Agreement; Packaging Rights Agreement; International Co-edition Agreement; Film, Television and Allied Rights: Option and Assignment Agreements; Merchandising Rights Agreement; Introduction to Electronic Precedents; Licence to Digital Media Producer to Utilise Existing Print Material in Carrier Form; Licence to Institution to Make Existing Print Material Available by Local Networks to End Users within its Own Site; Licence to Institutions to Use Material Supplied in Electronic Form; Online Access to Database Agreement; E-book Distribution Agreement; App Development Agreement; Text and Data Mining (TDM): Sample Clauses for Subscription Agreement for Copyright Material; Appendices. Previous edition ISBN: 9781847665447

Negotiating And Drafting Contract Boilerplate

Author: Tina L. Stark
Publisher: ALM Publishing
ISBN: 9781588521057
Size: 14.10 MB
Format: PDF
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This resource educates lawyers and business professionals on how to draft "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions that generally appear at the end of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. This analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's proposed provision.

Chinese Contract Law

Author: Mo Zhang
Publisher: BRILL
ISBN: 9004150412
Size: 31.69 MB
Format: PDF, Mobi
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This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.