Constructive And Resulting Trusts
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Author | : C Mitchell |
Publisher | : Bloomsbury Publishing |
Total Pages | : 685 |
Release | : 2010-03-03 |
Genre | : Law |
ISBN | : 1847317596 |
Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.
Author | : Louise Julia McGovern |
Publisher | : |
Total Pages | : 128 |
Release | : 1927 |
Genre | : Conflict of laws |
ISBN | : |
Author | : Austin Wakeman Scott |
Publisher | : |
Total Pages | : 222 |
Release | : 1915 |
Genre | : Trusts and trustees |
ISBN | : |
Author | : Gbolahan Elias |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 204 |
Release | : 2002 |
Genre | : Constructive trusts |
ISBN | : 1584772085 |
Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing theses regarding the rules (first, that, based on the North American experience, they should be considered as instruments of restitution; and second, that they are disorganized) and advances Elias' new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: (1) making disponors abide by their dispositions...(2) making those who gain through loss to others give the gains up to those others...(3) making those who inflict losses on others repair those losses..." (Preface p. v).
Author | : Ying Khai Liew |
Publisher | : Bloomsbury Publishing |
Total Pages | : 485 |
Release | : 2017-09-21 |
Genre | : Law |
ISBN | : 1509917071 |
Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.
Author | : Robert Chambers |
Publisher | : Oxford University Press |
Total Pages | : 300 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9780198764441 |
Robert Chambers has written a much-needed, detailed examination of the resulting trust which will be invaluable to all barristers and academics working in the areas of equity and trusts, restitution and the law of property.
Author | : Austin Wakeman Scott |
Publisher | : |
Total Pages | : 564 |
Release | : 1919 |
Genre | : Trusts and trustees |
ISBN | : |
Author | : Peter Birks |
Publisher | : Taylor & Francis |
Total Pages | : 450 |
Release | : 2020-11-25 |
Genre | : Law |
ISBN | : 1000288137 |
The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Author | : Malcolm Cope |
Publisher | : Lawbook Company |
Total Pages | : 1062 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Author | : Gerry W. Beyer |
Publisher | : AuthorHouse |
Total Pages | : 290 |
Release | : 2009 |
Genre | : Property |
ISBN | : 1438916809 |
This book is designed for law school courses covering trusts. The cases, problems, and questions are drawn extensively from Texas materials and attempt to provide the student with a comprehensive understanding of how trust creation, administration, and enforcement are handled in Texas. Resulting trusts, constructive trusts, and trust accounts are also discussed.