Prohibitions on assignment: contract or property?

Prohibitions on assignment: contract or property?

jibfldec2014In this month’s Butterworth’s Journal of International Banking and Financial Law, GJ Tolhurst and JW Carter, both Professors at University of Sydney and consultants at Herbert Smith Freehills consider whether prohibitions on assignment should be analysed as mere contractual restraints on alienation that do not in law inhibit assignment in equity or whether they characterise contractual rights as property rights and deprive them of their inherent transferability.

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