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. No form is required, but one is provided in theTransmission of Moveable Property (Scotland) Act 1862.The general rule in Scotland is that anyone may assign to anyone else.The cedent impliedly warrants that the debt is subsisting and that any foundation deeds cannot 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. For England, see ASSIGNMENT."
Transmission of Moveable Property (Scotland) Act 1862
(1862 CHAPTER 85 25 and 26 Vict):
"1 Personal bond or conveyance of moveable estate may be assigned in the form set forth in schedule A.
It shall be competent to any party, in right of a personal bond or of a conveyance of moveable estate, to assign such bond or conveyance by assignation in or as nearly as may be in the form set forth in schedule A. hereto annexed; and it shall be competent to write the assignation or assignations on the bond or conveyance itself in or as nearly as may be in the form set forth in schedule B. hereto annexed; which assignation shall be registrable in the books of any court, in terms of any clause of registration contained in the bond or conveyance so assigned; and such assignation, upon being duly stamped and duly intimated, shall have the same force and effect as a duly stamped and duly intimated assignation according to the forms at present in use."