assignation in Scots law, the mode of transferring ownership of
INCORPOREAL PROPERTY. The grantor is known as the cedent and the person to whom the property is assigned is the assignee or cessionary.
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assignation of writs
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No form is required, but one is provided in the Transmission of Moveable Property (Scotland) Act 1862. The general rule in Scotland is that anyone may assign to anyone else. The cedent impliedly war- rants that the debit is subsisting and that any foundation deeds can- not be subject to reduction. To perfect the right it must be intimated to the debtor. This prevents the debtor paying the cedent instead of the cessionary. There are many special rules relating to intimation and many equivalents to intimation. The effect is to place the assignee in the shoes of the cedent and subject to all rights of the debtor: assignatus utitur jure auctoris, 'the assignee may use the rights of his author'. See ASSIGNATION OF WRITS, ASSIGNMENT.
- company limited by guarantee
- company limited by shares
- comparative negligence
- compellability
- compensation
- compensation recovery
- compensator
- competency
- Competition Commission
- competition law
- competition policy (EU)
- complainant
- complainer
- complaint
- completion
- composition
- compos mentis
- compulsion
- compulsory purchase
- compulsory winding up
- compurgation
- computer-assisted legal research
- computerised records
- conacre
- concealment of pregnancy