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Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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ISBN13: 9780955633201
Published: April 2008
Publisher: Edinburgh Legal Education Trust
Country of Publication: UK
Format: Paperback
Price: £30.00

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Assignation is the Scottish term for transfer of rights (sometimes also known in English as assignment or cession). For many centuries, throughout Europe, the transfer of rights was not recognised. But it was never so in Scotland: 'Assignations', remarked the 17th century judge and jurist, Lord Stair, 'are more frequent with us than anywhere'. Nonetheless, the law of assignation has lacked any detailed study, perhaps as a result of its location on the boundary between the laws of property and contract.

This book thus fills the gap in the literature. Taking the claim to payment as the paradigm right, it places the Scots law of assignation in its comparative and historical context, and distinguishes assignation from those other legal devices by which a creditor may utilise his receivables. In the process it exhumes a great deal of forgotton case law. Among the topics considered are:-

  • debtor notification
  • the debtor's defences
  • insolvency
  • the effect of arbitration clauses on assignability
  • and contractural prohibitions on assignation

Scots Law