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Scots Property Law > Assignation > Flashcards

Assignation Flashcards

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1
Q

What is assignation?

A

Transfer of incorporeal property

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2
Q

What do we call the person doing the transfer?

A

Transferor/ the assignor or the cedent

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3
Q

What do we call the person receiving the right?

A

the transferee or the assignee

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4
Q

What is the third party called?

A

The debtor

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5
Q

If you transfer an incororepal thing what is it often?

A

A personal right

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6
Q

Can all personal rights be transferred?

A

No

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7
Q

What type of personal rights cannot be transferred?

A

Deletes Personai: rights against a specific person

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8
Q

What persona right is often transferred?

A

The right to payment of money

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9
Q

What is the condition of assigning the right to money to someone?

A

That the debtor must know the transfer of the right has occurred

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10
Q

Do you need to give consent for this right to money to be transferred to someone else?

A

No, you simply must know of it.

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11
Q

Does there need to be a contract for assignation?

A

Yes, it can be written or verbal.

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12
Q

What stage is done through this deed?

A

Contract and conveyance stage as nothing corporeal so bit of paper works instead.

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13
Q

As conveyance stage also done here what is that deed called?

A

Deed of assignation

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14
Q

When is conveyance completed?

A

When deed handed over

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15
Q

Is there a standard form of specific wording for deed?

A

No, but it must be clear what is being transferred and to whom.
Specifics must all be there.

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16
Q

What is the external act of this transfer?

A

Intimation (telling) to the debtor

17
Q

Where are the conditions of this transfer laid out?

A

Transmission of Moveable Property (Scotland) Act 1863 s2

18
Q

What happens under s2?

A

You get either a notary public to certify your assignation them complete a certificate of assignation and serve it to the debtor

This complex way is not often used

19
Q

More common method for assignation?

A

Certified copy of the deed of assignation went by recorded delivery post

20
Q

The deal does not change in anyway other than the person you are paying to changes

A

Nemo dat: assignatus uititur jure auctoirs:

Assignee gets the same rights as the assignor

21
Q

What case was this v important in?

A

Scottish Widows Fund v Duist

22
Q

What happened in Scottish Widows Fund v Duist

A

Had his life insurance policy with Scottish Widows. He then assigned his rights to another. So when he t=died someone else would get the money.
But turned out he’d lied about his health so no payout owed.
Assignee claimed not fair as he hadn’t lied or known of lie.

Court said was fair, can’t transfer a right you don’t have.

23
Q

What must the transferor include in the assignation to ward against this principle?

A

A warrandice (promising that the debt does exist and if it doesn’t then they can claim it from the assignee)

24
Q

Transfer or Intellectual Property Rights?

A

Same process but no intimation needed as held against the world at large.

25
Q

Transfer or corporeal Moveables: Regime one: transfer other than sale?

A
  • donation or exchange
  • need a contract to show you intend to give one away but doesn’t need to be written, can be verbal or inferred by actions
  • conveyance is the delivery of corporeal moveables
  • external act: possession
26
Q

Transfer of corporeal moveables: Regime 2: sale

A

sale of goods act 1979
s17 transfer of ownership when parties intend to transfer
s18 sets out presumptions for when this occurs
Presumed intention: ownership passes when contract is concluded

Big difference to general principles which says after external act it passes.

27
Q

What does s24 and s25 of the Sale of Goods Act 1979?

A

Displaces the memo dat rule (no ownership can’t transfer on)

gives 2 situations you can pass on ownership you don’t have

28
Q

s24 of Sale of Goods Act 1979?

A

Where sale without immediate delivery. I possess something I don’t own. If I sell it again then 3rd party can own it if acted in good faith

29
Q

s25 of Sale of Goods Act?

A

Thing delivered without ownership being transferred. Agreed ownership will transfer later. (e.g. if waiting for money) Transferee has possession then sells it on, 3rd party can buy and acquire ownership of it if good faith.

30
Q

What are patrimonial rights?

A

Personal rights, real rights, IPR

31
Q

What are non-patrimonial rights?

A

HRs, Public rights of way, personal rights

32
Q

4 types of things?

A

Heritable (land + buildings)
Moveable (everything else)
Corporeal (with physical presence)
Incorporeal (without physical presence)

33
Q

Or heritable and immoveable property the same or different things?

A

The same

Scots Property Law (13 decks)

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