|Institution:||University of Oslo|
|Full text PDF:||http://urn.nb.no/URN:NBN:no-17754
The objective of the thesis is to highlight legal problems pertaining to security assignments that may arise in a typical newbuild finance transaction, for instance for the purchase by a Norwegian buyer of a vessel from a foreign yard, and where an English choice of law is made. In doing so, the thesis will firstly offer a brief historical overview and general introduction to the internationally acknowledged notion of assignment, before considering English and Norwegian law assignability with reference to particular problems in each. Next, the thesis will look to two instances in which a specific English choice of law can have unexpected consequences, firstly in relation to the guarantees assigned and secondly in relation to the claim for delivery. Finally, the thesis will conclude with a discussion – de lege ferenda – of the special Norwegian prohibition of security assignments of payments in kind.