Transfer of Choses in Action

Abstract This chapter explores the historical and legal complexities surrounding the transfer of choses in action. The Common Law traditionally opposes the transfer of these rights due to their personal nature and concerns about maintenance, though this stance gradually becomes less defensible over time. Equity intervenes, recognizing the assignment of equitable choses and offering a more flexible approach, often using trusts to circumvent Common Law restrictions. Statutory interventions, notably s 136 of the Law of Property Act 1925, further reshape the legal landscape, allowing for the transfer of various types of choses in action. Finally, the chapter outlines the continued development and application of both equitable and statutory reforms, aiming to simplify and clarify the transfer process for modern legal contexts.