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The new override of bans on assignment of receivables
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Beale, Hugh (2020) The new override of bans on assignment of receivables. In: Davies, Paul S. and Raczynska, Magda, (eds.) Contents of Commercial Contracts. Bloomsbury Publishing, pp. 113-138. ISBN 9781509930494
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Official URL: https://doi.org/10.5040/9781509930524.ch-007
Abstract
This chapter outlines the effects of non-assignment clauses (referred to in this chapter as ‘bans on assignment’ or ‘BoAs’) and the case that was made for overriding BoAs in receivables contracts. It compares the responses to the problem in other jurisdictions and asks why the Business Contract Terms (Assignment of Receivables) Regulations 2018 (SI 2018/1254) (‘the 2018 Regulations’ or ‘the Regulations’) are so complicated and contain so many ‘carve-outs’ compared to legislation elsewhere. It speculates on the role of the City lawyers, both in ‘signing off’ deals and in law reform.
Item Type: | Book Item | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Publisher: | Bloomsbury Publishing | ||||
ISBN: | 9781509930494 | ||||
Book Title: | Contents of Commercial Contracts | ||||
Editor: | Davies, Paul S. and Raczynska, Magda | ||||
Official Date: | 23 July 2020 | ||||
Dates: |
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Page Range: | pp. 113-138 | ||||
DOI: | 10.5040/9781509930524.ch-007 | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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