Assignment Of Choses In Action in Europe

Definition of Assignment Of Choses In Action

Choses in action were not assignable at common law, but choses in action, both legal and equitable, were assignable in equity. If the chose in action were legal, the assignee could only sue in the name of the assignor, but if equitable he could sue in his own name
Negotiable instruments became assignable by the law merchant, and policies of insurance by statute. By the Judicature Act, 1873, s. 25, all legal choses in action were made assignable by law. Now by the Law of Property Act, 1925, s. 136, (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any legal thing in action, of which express notice in writing has been given to the debtor, trustee, … is effectual in law (subject to equities having priority over the right of the assignee) to transfer from the date of such notice: (a) the legal right to such debt or thing in action ; (It) all legal and other remedies for the same ; and (c) the power to give a good discharge for tho same without the concurrence of the assignor.” (2) Provided that the debtor, trustee, etc., may call upon conflicting claimants to interplead or pay into Court
But an assignment may still operate in equity, when the assignor must be made a party to the action, and equitable choses in action are unaffected

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Definition of Assignment Of Choses In Action is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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