equitable assignment

equitable assignment
equitable assignment see assignment

Merriam-Webster’s Dictionary of Law. . 1996.

equitable assignment
An assignment which does not fulfil the statutory criteria for a legal assignment. An equitable assignment may be made in one of two ways:
• The assignor can inform the assignee that he transfers a right or rights to him.
• The assignor can instruct the other party or parties to the agreement to discharge their obligation to the assignee instead of the assignor.
Only the benefit of an agreement may be assigned. There is no requirement for written notice to be given or received. The only significant difference between a legal assignment and an equitable assignment is that an equitable assignee often cannot bring an action in its own name against the third party contractor, but must fall back on the rules governing equitable assignments and join the assignor as party to the action.
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Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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