One owner was innovative in arguing that the lease contained a, implied covenant against
assignability, but that argument fell on deaf ears.
State laws also diverge on the question of whether restrictions should be imposed on the
assignability of future claims and generic categories of claims.
In some cases the complete inability to assign may suggest that the email address and contents may not satisfy the normal definition of property, though
assignability is not a necessary aspect of what might be considered property.
(44) As a result of the
assignability of these instruments and agreements and of the newly emergent MERS, lenders were able to securitize loans more easily and inexpensively, which ostensibly lowered mortgage costs and increased home ownership during the rise of the American real estate market in the 2000s.
(112) This prohibition was relaxed until, as one court put it in 1947, "
assignability of things [in action] is now the rule; non-assignability, the exception; and this exception is confined to wrongs done to the person, the reputation, or the feelings of the injured party." (113)
policy of promoting the
assignability of mineral leases); id.
In the absence of contrary provisions in such governing documents, the statutory prohibitions on the
assignability of an LLC interest, the admission of new members, and the management of LLC business and affairs should also apply.
Assignability allowed initial ownership by authors,
Gittlen:
Assignability of Professional Negligence Claims Against Insurance Agents, 50 ARIZ.
31(d)-(e) (limiting exclusivity and
assignability).