Equivalent: Difference between revisions

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Now, when it comes to return it, ''dilemma'': you’ve been mucking around with it. You don’t still have “it”, per se. You can go and buy a new one, but the actual one they gave you — that’s goneski.  
Now, when it comes to return it, ''dilemma'': you’ve been mucking around with it. You don’t still have “it”, per se. You can go and buy a new one, but the actual one they gave you — that’s goneski.  


Hey — you got it by [[title transfer]], so it was yours to muck around with wasn't it? Or, hey, ok so they [[pledge]]d it to you, but you had, you know, a right of [[rehypothecation]] didn’t you, so you were allowed to muck around with it.<ref>Or, just as commonly and more innocuously, you held it in a [[dematerialised]] [[omnibus]] [[custody account]], with fungible assets owned by other customers, and never did ''anything with it, but you still can’t tell whose bit is whose.</ref>
Hey — you got it by [[title transfer]], so it was yours to muck around with wasn’t it? Or, hey, ok so they [[pledge]]d it to you, but you had, you know, a right of [[rehypothecation]] didn’t you, so you were allowed to muck around with it.<ref>Or, just as commonly and more innocuously, you held it in a [[dematerialised]] [[omnibus]] [[custody account]], with fungible assets owned by other customers, and never did ''anything with it, but you still can’t tell whose bit is whose.</ref>


All true. And just so. In any case, you want to hand over something that is ''identical'' to, but isn’t exactly ''the'' something that you were given. But it is ''exactly'' the same. For most purposes in this day and age that is fine, and indeed will support your [[title transfer]] analysis, should you be in the market for a [[true sale opinion]].
All true. And just so. In any case, you want to hand over something that is ''identical'' to, but isn’t exactly ''the'' something that you were given. But it is ''exactly'' the same. For most purposes in this day and age that is fine, and indeed will support your [[title transfer]] analysis, should you be in the market for a [[true sale opinion]].