Equitable Assignment of Choses in Action

Abstract This chapter explores the equitable assignment of choses in action, focusing on the necessary requirements for a valid transfer. The assignor must demonstrate a clear intention to transfer the chose, and the chose must be in present existence and identifiable with certainty. The identity of the assignee must be explicitly defined, and specific forms and formalities, including the necessity of consideration and notice to the debtor, are also discussed. Private international law considerations, such as jurisdiction and applicable law in cross-border assignments, are addressed in detail. Finally, the chapter concludes by highlighting that, while equitable assignments share certain similarities with legal ones, they involve distinct formalities and requirements.