Explaining Constructive Trusts

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  • Explaining Constructive Trusts Book Detail

  • Author : Gbolahan Elias
  • Release Date : 2002
  • Publisher : The Lawbook Exchange, Ltd.
  • Genre : Constructive trusts
  • Pages : 204
  • ISBN 13 : 1584772085
  • File Size : 84,84 MB

Explaining Constructive Trusts by Gbolahan Elias PDF Summary

Book Description: 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).

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Explaining Constructive Trusts

Explaining Constructive Trusts

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Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing these

Litigating Constructive Trusts

Litigating Constructive Trusts

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Unlike traditional express trusts that are planned well in advance with all parties involved agreeing to roles as trustee and beneficiary, a constructive trust

Rationalising Constructive Trusts

Rationalising Constructive Trusts

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Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly

Constructive and Resulting Trusts

Constructive and Resulting Trusts

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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 pe