incoporeal

Question 1

HOW IS TRANSFER DONE

Answer 1

assignation or intimation

Question 2

s.11(3) ROWA

Answer 2

writing not required for assignation of INCOPERAL PROPERTY.

Question 3

How do you intimate

Answer 3

to debtor. usually given by assignee.
s.2 1862 certified copy of assignation sent in post
s.2 1862 certified copy formally delivered
acknowledged letter
performance or part of performance by debto for ben of assignee
other methods
special rule for life assurance policies s. 3

report 249 onmovable transaction the Scottish law commission recommended the setting up of a reg of assignations

Question 4

real rights: reg or possesion

Answer 4

right in a thing so no one to intimate to instead title is completed in the same wayt the orginal grant in creating the right.

usually means reg of assignation on land reg ect

back to back peronal right requires intimation

Question 5

what if no intimation

Answer 5

BANKTON “the assignation is not complete, by executing and delivering it to the assignee MUST be delivered to debto”

Question 6

transfer incoporeals by other means

Answer 6

shares
negotiable instuments
bank notes

Question 7

problem 1 void titles and nemo plus

Answer 7

nemo plus almonst always applies! so if A purposrts to assign to B a right held by T the assignation is ineffective and the right continues to be held by t

BUT
if A acquire the right after purported assignation B title is protected by accretion (BUCHANAN V ALBA DIAGNOSTICS)
+ve prescription applies to real right in land

Question 8

problem 2 voidable titles and protection of goodfaith acquirers

Answer 8

voidable title is good unless avoided

if As title is voidable he can still transfer right to B if b is a purchesor and in good faith

Question 9

problem 3 competition of title and offside goals rule

Answer 9

subject to the prior tempore potior jure

Question 10

problem 4 the rule assignatus utitur jure auctioris

Answer 10

the rule pplies to PERSONAL RIGHTS ONLY and concerns the internal relationship of debtor and cedent .

the rule is that the assignation is not to worsen the position of the debtor
Scottish widows fund v buist- any pleas which are good against the cedent prior to intimation of the assignation are good against the assignee
which as discussed in alex Lawrie factors v Mitchell engineering INCLUDES a plea of compensation (although liabilities are not assigned )

Question 11

warrendice

Answer 11

debitum subesse is implied in assignation guaranteeing the existance of the right being assigned AND the cendets own title to the right