The Efficacy of Contractual Provisions Prohibiting Assignment

Abstract:     
In recent years, a line of decisions has recognised the legitimacy of prohibitions on assignment. Moreover, and despite holding that the effect of such prohibitions depends on construction, generally, it would appear that whatever words are used, the effect of a prohibition will be to render the attempted assignment ineffective. Nevertheless, it has never been fully explained how such provisions operate at a doctrinal level, that is, how a contractual provision inhibits a person dealing with their right of property. This paper suggests that the explanation lies with the ability of contracting parties to fashion the characteristics of the contractual rights they bring into existence not just in their character as contractual rights but also as choses in action.

Keywords: Assignment, Assignment of contractual rights, Prohibitions on Assignment

JEL Classifications: K12

Accepted Paper Series