What is an 'Absolute' Assignment? Further Reflections on Charges, 'Tacking' and Marshalling

Journal of Banking and Finance - Law and Practice, 24 93-103

Posted: 27 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2013

Abstract

This article examines a number of important and interrelated matters that arise when taking any security interest. It focuses on recent cases in which the relevant issues set out below have been examined in detail. First, what is an “absolute” assignment of an interest? Secondly, assuming that the secured lender enjoys the benefits of an equitable charge, how is such a charge to be enforced as a matter of practice? Thirdly, if the secured lender enjoys the benefits of a number of securities, to what extent must he “marshall” them to prevent other creditors being unfairly treated in the realisation of the security.

JEL Classification: k00

Suggested Citation

Aitken, Lee, What is an 'Absolute' Assignment? Further Reflections on Charges, 'Tacking' and Marshalling (2013). Journal of Banking and Finance - Law and Practice, 24 93-103. Available at SSRN: https://ssrn.com/abstract=2623357

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

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