Rationalising Constructive Trusts

Released on by Ying Khai Liew
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  • Rationalising Constructive Trusts Book Detail

  • Author : Ying Khai Liew
  • Release Date : 2017-09-21
  • Publisher : Bloomsbury Publishing
  • Genre : Law
  • Pages : 405
  • ISBN 13 : 150991708X
  • File Size : 32,32 MB
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Rationalising Constructive Trusts by Ying Khai Liew PDF Summary

Book Description: 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.

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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

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

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