It is a common situation in commercial life that assets become separably but unidentifiably mixed and then need to be ‘unmixed’. There will be withdrawals from the mixture, and the parties with interests in it will wish to assert individual ownership over the withdrawals. The problem is most acute for intangible assets, such as choses in action, which are nothing but reified rights to take legal action and therefore have no ‘natural’ or physical comparator on which rules for unmixing can be based. No value-neutral standard can allocate property rights on unmixing; the law creates its own standards and rules.

Maniscalco, L., Douglas, B. (2024). Unmixing intangible assets. London : Routledge.

Unmixing intangible assets

Lorenzo Maniscalco;
2024

Abstract

It is a common situation in commercial life that assets become separably but unidentifiably mixed and then need to be ‘unmixed’. There will be withdrawals from the mixture, and the parties with interests in it will wish to assert individual ownership over the withdrawals. The problem is most acute for intangible assets, such as choses in action, which are nothing but reified rights to take legal action and therefore have no ‘natural’ or physical comparator on which rules for unmixing can be based. No value-neutral standard can allocate property rights on unmixing; the law creates its own standards and rules.
2024
Uncertainty in Comparative Law and Legal History. Known unknowns.
206
235
Maniscalco, L., Douglas, B. (2024). Unmixing intangible assets. London : Routledge.
Maniscalco, Lorenzo; Douglas, Benjamin
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/998151
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