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Academic literature on the topic 'Constructive trust'

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Published: 4 June 2021

Last updated: 10 March 2023

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Journal articles on the topic "Constructive trust"

Gretton, George L. "Constructive Trusts and Insolvency." European Review of Private Law 8, Issue 3 (September 1, 2000): 463–76. http://dx.doi.org/10.54648/273252.

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In English law, the expression “Constructive Trust” appears to be used in two different senses. (1) It is used to mean a trust which arises ex lege, as opposed to ordinary trusts, which arise ex voluntate. (2) It is used to mean an obligation arising out of unjustified enrichment. This double meaning has been, and continues to be, the source of much confusion. In a mixed legal system, which has inherited enrichment law from the ius commune, there is no room for sense (2). What about sense (1)? Scots law, like South African law, has the institution of trust. South African law rejects the constructive trust. In Scots law it is sometimes said to exist. But it is argued that, if it does exist, it is only in certain exceptional circumstances. The constructive trust is a dangerous institution, because of its capacity to subvert other institutions. An example is insolvency law, where the effect of the constructive trust is to subvert the paritas creditorum. That fact, combined with its conceptual innocence, makes the constructive trust unsuitable for export.

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Raphael, David K. L. "Comparing the institutional constructive trust with the remedial constructive trust." Trusts & Trustees 25, no. 9 (November 1, 2019): 919–38. http://dx.doi.org/10.1093/tandt/ttz091.

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Abstract The concept of the Institutional Constructive Trust was first recognised in Australia in 1907 by the most senior court, i.e. the High Court of Australia, in Black v S Friedman & Co. This arose in a decision involving stolen funds. Its importance was addressed in the State of Victoria in Nolan v Nolan where what was in issue involved the Limitations Act of the State of Victoria. It must be appreciated that in the Commonwealth of Australia, State Acts can, and sometimes do, differ. In 1985, in Muschinski v Dodds, Deane J of the Australian High Court placed different emphasis on the court’s ability to recognise and construe such a trust and gave it the imprimatur of “Remedial Constructive Trust”. The latter, whilst adopted in New Zealand and Canada, has had what might fairly be described as its critics in the UK and, indeed the UK Supreme Court in FHR European Venture LLP v Cedar Capital Partners LLC has stated at [47] that the remedial constructive trust is not part of the law of the UK.

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Smith, Lionel. "Constructive Trusts and Constructive Trustees." Cambridge Law Journal 58, no. 2 (July 1999): 294–302. http://dx.doi.org/10.1017/s0008197399002020.

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THIS article attempts to explain the meaning of the term “constructive trustee” and to understand why allegations of personal liability on the part of third parties to trusts are pleaded in the language of constructive trusteeship. The author concludes that the language of constructive trusteeship is dictated by the structure and historical context of the trust. Although this terminology could usefully be abandoned, an understanding of its origins suggests that as a matter of linguistic logic there is no room for third party liability which is somehow different from liability “as a constructive trustee.”

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Cameron, Edwin. "Constructive Trusts in South African Law: The Legacy Refused." Edinburgh Law Review 3, no. 3 (September 1999): 341–58. http://dx.doi.org/10.3366/elr.1999.3.3.341.

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This paper was first presented on 19 October 1996 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of constructive trusts. Although trusts are a distinctively Common Law institution, seemingly incompatible with Civilian concepts of property, trust law has been received in the mixed South African legal system. But constructive trusts have found no place in South African trust law, in the view of the author, rightly so. Much of the work performed by the constructive trust can be achieved through the law of obligations, while the acceptance of the institution can produce anomalous results in insolvency.

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Hicks, Andrew D. "Conceptualising the constructive trust." Northern Ireland Legal Quarterly 56, no. 4 (August 7, 2020): 521–50. http://dx.doi.org/10.53386/nilq.v56i4.815.

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Goldsworth, J. "Remedial constructive trust denied." Trusts & Trustees 13, no. 9 (September 3, 2007): 555. http://dx.doi.org/10.1093/tandt/ttm105.

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Kull, A. "The metaphorical constructive trust." Trusts & Trustees 18, no. 10 (September 29, 2012): 945–54. http://dx.doi.org/10.1093/tandt/tts118.

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Abdelaziz, Hamdy Ahmed. "Bridges of Trust." International Journal of Technology Diffusion 4, no. 2 (April 2013): 53–70. http://dx.doi.org/10.4018/jtd.2013040105.

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The current research aim was to develop a constructive model for assessing web-based and electronic learning as an attempt to build bridges of trust in web-based and e-learning outcomes. The proposed model was developed in the light of the learning assumptions of the constructive theory and the cognitive theory. The targeted model – the Bridges of Trust Model – includes four levels of assessment: assessment of awareness, assessment of initiative, assessment of depth of meaning, and assessment of meaning construction. Within these levels, the researcher presented six processes reflecting the types of constructive assessment of web-based and e-learning. These types are: 1) assessment of manipulations, 2) assessment of outcomes, 3) assessment of cooperation, 4) assessment of transformation, 5) assessment of context, and 6) assessment of reflection. The model was piloted on a sample of students in the distance teaching and training program in the Arabian Gulf University. The pilot study proved that the model is valid and generalizable. In addition, this paper will be of benefit to people looking for pedagogical applications of web-based and electronic learning environments for developing multiple ways to express what online learners should know and be able to do.

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Rickett, C. EF. "Instrumentalism in the Law of Trusts – The Disturbing Case of the Constructive Trust Upon an Express Trust." Victoria University of Wellington Law Review 47, no. 3 (November 1, 2016): 463. http://dx.doi.org/10.26686/vuwlr.v47i3.4791.

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New Zealand courts have begun to use the device of imposing a constructive trust over assets already held on trust under an express trust. This device raises a number of important issues about whether a doctrinally damaging analysis should be used to achieve what are clearly instrumental designs usually termed justice or fairness. This article examines the issues in depth and argues strongly that the device of a constructive trust on an express trust is illegitimate.

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Hicks, Andrew. "Do constructive trusts deter disloyalty?" Northern Ireland Legal Quarterly 69, no. 2 (June 8, 2018): 147–73. http://dx.doi.org/10.53386/nilq.v69i2.90.

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Constructive trusts of disloyal fiduciary gain often are justified by the argument of deterrence. For there to be effective deterrence, two conditions must be satisfied: first, potentially disloyal fiduciaries must be sufficiently informed, directly or indirectly, of the properties of the constructive trust; secondly, fiduciaries must respond by accurately weighing the costs/benefits of disloyalty and other options before choosing the option that maximises their self-interest. Typically, one or both of these conditions will not be satisfied. Drawing upon insights from the behavioural sciences we find that fiduciaries contemplating disloyalty generally cannot be expected to be cognisant of the properties of the constructive trust and therefore cannot be influenced by them. Even when known, such properties will not necessarily influence fiduciary behaviour due to the way well-informed fiduciaries are likely to perceive and process the risk that their disloyalty will be detected. The deterrence gains generated by the recognition of a constructive trust are therefore likely to be negligible.

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Dissertations / Theses on the topic "Constructive trust"

OLIVEIRA, José Dihego da Silva. "Constructive extensibility of trust worthy component-based systems." Universidade Federal de Pernambuco, 2016. https://repositorio.ufpe.br/handle/123456789/19522.

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As computer systems become ubiquitous, the demand for rigorous and compositional development methods increase dramatically. In the component-based model driven development (CB-MDD) approach, complex systems (sometimes intractable by humans) are build from simple elements, called components. To achieve the CB-MDD goals towards becoming a rigorously development discipline, components and composition rules must be formalised. Moreover, as requirements continuously evolve, there must be mechanisms to refine and safely extend component-based systems. The BRIC component model formalises the CB-MDD core concepts and supports a constructive design based on composition rules that preserves behavioural properties, but do not provide support for component model evolution. In this work we propose inheritance and refinement relations for BRIC. We define a congruent semantics for this model that considers component structure and behaviour. We define refinement as a preorder relation, which is monotonic with respect to the BRIC composition rules. We enhance this component model with support for extensibility via inheritance. The proposed relations allow extension of functionality, whilst preserving service conformance, which we define by means of a convergence notion. We also establish an algebraic connection between component extensibility and refinement. As far as we are aware this is the first time componente inheritance relations are developed for a formal and sound CB-MDD approach. We also integrate the aspect-oriented paradigm into BRIC. We contribute with an approach to capture, specify and use aspects to safely evolve component-based systems. We establish that components extended by aspects preserve the proposed convergence relation that guarantees service conformance. Furthermore, we establish a connection between componente inheritance and aspects, presenting inheritance as a mechanism to define families of componentes and aspects to capture orthogonal concerns over them. The practical relevance of the proposed relations is illustrated by three case studies. One is an autonomous healthcare system, which evolve by the addition of new functionalities via inheritance and by the modularisation of its crosscutting concerns in a reusable and maintainable manner with aspects. Another case study is a bank system, whose functionalities are progressively realised and extended by refinement and inheritance, respectively. Finally, we model a P2P system extended by inheritance to reduce the network traffic.
Na medida em que os sistemas computacionais se tornam mais pervasivos, a demanda por métodos de desenvolvimento rigorosos e composicionais cresce dramaticamente. No desenvolvimento baseado em componentes (CB-MDD), sistemas complexos (muitas vezes humanamente intangíveis) são construídos a partir de elementos mais simples, chamados componentes. Para atingir os objetivos desta abordagem na direção de torná-la uma disciplina formal de desenvolvimento, componentes e regras de composição devem ser formalizados. Além disso, considerando que os requisitos de um sistema estão em constante evolução, necessitamos de mecanismos para refinar e estender de forma confiável tais sistemas. O modelo de componentes BRIC formaliza os conceitos chave da abordagem CB-MDD, além de garantir corretude por construção se baseando em regras de composição que preservam propriedades comportamentais. BRIC, porém, por não possuir relações de extensão, não suporta evolução de modelos baseados em componentes. Neste trabalho propomos relações de herança e refinamento para BRIC. Definimos uma semântica congruente que considera tanto a estrutura quanto o comportamento de componentes. Definimos refinamento como uma relação de pré-ordem, a qual é monotônica em relação as regras de composição de BRIC. Estendemos este modelo de componentes com suporte a extensibilidade via herança. As relações propostas permitem extensão de funcionalidade, ao mesmo tempo em que preservam conformidade de serviços, a qual é definida em termos de uma noção de convergência. Estabelecemos também uma conexão algébrica entre extensibilidade de componentes e refinamento. Até onde estamos cientes, este trabalho é pioneiro no desenvolvimento de noções de herança de componentes para uma abordagem CB-MDD formal e consistente. Também integramos o paradigma orientado a aspectos em BRIC. Contribuímos com uma abordagem para capturar, especificar e adotar aspectos no desenvolvimento confiável de sistemas baseados em componentes. Estabelecemos que componentes estendidos por aspectos preservam convergência, o que garante conformidade de serviços. Além disso, desenvolvemos uma conexão entre herança e aspectos, apresentando herança como um mecanismo para definir famílias de componentes e aspectos para capturar conceitos ortogonais sobre as mesmas. Ilustramos a relevância prática das relações propostas através de três estudos de caso. No primeiro, modelamos um sistema autônomo de cuidados médicos, estendido pela adição de novas funcionalidades via herança e pela modularização de conceitos transversais de forma reusável e manutenível via aspectos. Na sequência, modelamos um sistema bancário, cujas funcionalidades são progressivamente implementadas e estendidas pelo uso de herança e refinamento. Finalmente, modelamos um sistema P2P cujo tráfico é reduzido por extensão via herança.

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Merkel, Gerrit [Verfasser]. "Die Qualifikation des englischen Trusts im deutschen internationalen Privatrecht : Ein Beitrag zur Frage der kollisionsrechtlichen Behandlung des express, resulting und constructive trust / Gerrit Merkel." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://d-nb.info/1212397088/34.

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Hicks, Andrew David. "Conceptualising the constructive trust : a new approach and its specific application to acquisitive breaches of fiduciary obligation." Thesis, University of Hull, 2007. http://hydra.hull.ac.uk/resources/hull:6437.

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In this thesis I examine the conceptual nature of the constructive trust. In particular I provide a critique of those contemporary theories which view the conceptual choice as one of clear alternatives between the "institutional" and "remedial" constructive trust. Having rejected these unhelpful and somewhat confusing alternatives a new framework for analysis is proposed. The aim of the proposal is to facilitate the reaching of normatively desirable results within a framework that is coherent, rational and illuminating. The framework is applied (and its benefits illustrated) in the second half of the thesis, which focuses on the specific context of acquisitive breaches of fiduciary obligation.

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Weber, Dane B. "Windfall Equity and the Joint Endeavour Principle." Thesis, Griffith University, 2020. http://hdl.handle.net/10072/393194.

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In 1985 the High Court of Australia delivered its judgment in Muschinski v Dodds (1985) 160 CLR 583 which awarded a constructive trust as a remedy. This case concerned a joint endeavour between two parties who were in a de facto relationship. The joint endeavour broke down without attributable blame in circumstances not contemplated by either party. A constructive trust was awarded to prevent one party from unconscionably asserting legal title to property obtained due to the joint endeavour without accounting to the other party for their equitable entitlements. The leading judgment by Deane J in this case was based on two principles. The first principle was that a constructive trust may be awarded as a remedy without a breach of fiduciary duty being necessary, but its use as a remedy must be principled, based on legitimate processes of legal reasoning. The second principle was in finding that principled basis by analogy to the general equitable principles that underpin partnership law which do not let property and rights simply lay where they fall if the parties’ arrangements end unexpectedly. Since 1985, courts across all levels and jurisdictions in Australia have applied the principles in Muschinski v Dodds. In that time, the case has found its principal use in de facto relationships. Some courts have sought to develop those principles in line with family law concepts, which has also drawn criticism from other courts. Eventually, the family law regime around 2009 finally included de facto relationships. However, the principles in Muschinski v Dodds still found use in other areas of law regarding families that family law does not address, such as the property rights of parents and children. Texts and commentators focus predominantly on these issues, claiming that the Muschinski v Dodds-style of constructive trust is purely remedial and applies to parties who cohabit. Further, in being treated as purely remedial, the principles in Muschinski v Dodds are often used to award any remedy in general for a failed joint endeavour, seemingly without a constructive trust being necessary, such as in Henderson v Miles (No 2) [2005] NSWSC 867 which coined the term ‘windfall equity’. However, that is only one aspect. During those thirty-plus years, the principles in Muschinski v Dodds have also applied to many cases that involve third parties, ranging from loose family arrangements to sophisticated contractual joint ventures. In these scenarios, whilst the Muschinski v Dodds-style of constructive trust is used as a remedy, it does so by taking advantage of its institutional characteristics: as a trust exists over property, the owner has no beneficial title to the property. This means that a claim by a third party against the property of a party to a joint endeavour may not succeed, as that property may in fact be beneficially owned by another. Texts and commentators overlook this prominent use of the constructive trust in favour of viewing it as purely remedial. In light of thirty-plus years of case law, this view cannot be sustained. The Muschinski v Dodds-style of constructive trust is not purely remedial: there is, in fact, no distinction between ‘remedial’ and ‘institutional’. A constructive trust arises by operation of law during a joint endeavour. The relevance of joint endeavours is also overlooked, despite joint endeavours being crucial to the Muschinski v Dodds-style of constructive trust. There has been no discussion on the mechanism for how this constructive trust operates beyond as a purely remedial device, nor has there been discussion on joint endeavours in general. From the case law, the constructive trust is inseparable from the joint endeavour in which it arises. Equity acts when it would be unconscionable for a party to assert their legal rights – this does not require wrongdoing. Further, as these trusts may afford higher priority to property than a third party, there must be some intrinsic character of a joint endeavour that gives rise to a constructive trust. This intrinsic character is of special relevance as, given that a joint endeavour can range from loose family arrangements to sophisticated contractual joint ventures, there is an underlying fabric connecting joint endeavours and joint ventures that has not yet been identified. These questions can be analysed and answered through the lens of corrective justice and unconscionability in Australia. In actuality, Muschinski v Dodds provides two crucial things. The first is that it provides the grounds for the cause of action of the ‘windfall equity’, which operates when a joint endeavour has broken down without attributable blame in circumstances not contemplated by the parties, and where one party has unconscionably retained property to the exclusion of the other. The second is that it provides a set of unifying principles called the ‘joint endeavour principle’ which governs how Equity assists joint endeavours, regardless of their formality, which includes the regulation of fiduciary duties and the construal of trusts.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
Arts, Education and Law
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Berglund, Magnus. "Faktorer som påverkar tillit i ledarskap och organisationer : En kvalitativ studie ur ett medarbetarperspektiv." Thesis, Högskolan Väst, Avd för företagsekonomi, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:hv:diva-16775.

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Fenomenet ledarskap har sedan länge intresserat forskare från en mängd olika discipliner. Främst har fokus varit på att finna ett allmängiltigt normerande grundrecept utifrån rationella ansatser. Trots en stor mängd vetenskapliga studier, främst baserade på kvantitativt underlag, återstår frågor av mellanmänsklig natur. I sökandet efter det goda och konstruktiva ledarskapet har forskningen den senaste tiden allt mer intresserat sig för fenomenet tillit. Den här studien syftar till att skapa en djupare förståelse för faktorer som bidrar med tillit i ledarskaps sammanhang. I synnerhet berör frågeställningarna vilka faktorer som påverkar tillit i ledarskapet och i organisationer. Främst används beteendeperspektiv som förklaringsmodell. Som underlag för vidare antaganden tolkas empiri från intervjuer. Studien påvisar flera samband mellan redovisade teorier och empiri. Men det finns också flera diskrepanser. Resultatet anger att ett antal faktorer främjar tillit mellan chef och medarbetare. Dialog och återkoppling framträder exempelvis som två viktiga faktorer. Omvänt påverkar s.k. låt-gå ledarskap eller icke-ledarskap medarbetarna och effekten destruktivt. Det framhålls också betydelsen av att organisationen signalerar en tillåtande kultur, att det är tillåtet att göra misstag. Samt att den enskilda chefen har förmåga att skydda medarbetaren från negativ respons. Vidare konstateras också att de vedertagna normativa och rationellt välregisserade teorierna ofta skiljer sig från de tillfrågades mer turbulenta realitet. I intervjuerna framkommer ett samstämmigt behov av att chefer skall tillföra struktur och spelregler. Den kontext som presenteras i studien antas begränsa chefers handlingsförmåga att praktisera de välbeforskade kvantitativa teorierna. Studien påvisar också att konsekvensbedömningar av förväntad respons påverkar medarbetares initiativ. Det är i överenstämmelse med teorin, men där är perspektivet ofta inriktat på relationen chef och medarbetare. Studien indikerar istället att det framförallt är konsekvensbedömningar gentemot kollegor som styr medarbetarnas beteende. Sammantaget påvisar studien att tillit ären viktig faktor i det goda ledarskapet, om än inte den allena saliggörande. Snarare än att vara en enskild agens är tillit en del av en syntes. Utifrån studiens utfall rekommenderas att ytterligare underlag samlas in kring chefers verklighet, för att närmare förstå hur de vedertagnateorierna kan användas praktiskt. Vidare förordas ytterligare undersökningar gällande kollegors inverkan på tillit och beteende.
The phenomenon “leadership” has interested researchers from a variety of disciplines for a long time. The main focus has been on finding a normative and universal formula based on rational approaches. Despite a large number of scientific studies, mainly based on quantitative data, questions about the impact of interpersonal relations remain. In the search for the good and constructive leadership, research has recently become increasingly interested in the phenomenon “trust”. This study aims to create a deeper understanding of factors that contribute to trust in a leadership context. In particular issues concerning which factors that affect trust in organizations and in leadership. Behavioral perspectives are mainly used as the explanatory model. As a basis for further assumptions empirical data from interviews are interpreted. The study demonstrates several connections between theories and empirical data. But there are also several discrepancies. The results indicate that a number of factors promote trust between manager and employees, e.g. dialogue and feedback appear to be important. Conversely, “laissez-faire” or “non-leadership” impact employees and organizational effect in a destructive way. The importance of the organization signaling a tolerant culture is also emphasized, that it is permissible to make mistakes. It’s also vital that managers have the ability to protect the employee from negative feedback. Furthermore, it is also stated that the most common normative and rational theories often differ from the more turbulent reality of the respondents. The results also show that there is a need from managers to add structure and rules within the organizations. The context presented in the study is assumed to affect managers' ability to practice the well-researched quantitative theories. The study also shows that consequence assessments of expected response affects initiatives. This is in line with theory, but the perspective is usually focused on the relationship between manager and employee. Instead, the study indicates that it is primarily impact assessments between colleagues that govern employees' behavior. In summary, the study shows that trust is an important factor in constructive leadership, although not the only prevailing one. Rather than being a single agent, trust is a part of a synthesis. Based on the results of the study, it is recommended that further data is collected regarding managers' reality, in order to better understand how the well researched quantitative theories can be used in practice. Furthermore, more studies of how colleagues impact trust and behavior are advocated, in order to verify the interpretations.

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Komori-Glatz, Miya. ""Cool my doubt is erased": constructive disagreement and creating a psychologically safe space in multicultural student teamwork." De Gruyter, 2018. http://dx.doi.org/10.1515/jelf-2018-0012.

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This paper investigates the roles of disagreement and trust in multicultural teamwork on an English-medium master's programme at an Austrian business university. The teamwork project - assigned by the content teacher - took place mostly outside the classroom and simulated business practice both in terms of the tasks and the multicultural context. Each team comprised two Austrian students and two international students, resulting in an English as a lingua franca (ELF) setting. The teams were observed and audio-/video-recorded, with the analysis focusing on an early stage of the project where they laid the groundwork for the team mental models in terms of establishing the team goals, relationships and communicative practices. Additionally, retrospective interviews were conducted at the end of the project with each of the team members and the lecturer to gain emic insights into the project. The findings suggest a symbiotic relationship between disagreement and trust, in which high levels of trust and the construction of a psychologically safe space allow the team members to disagree with and challenge each other without damaging their relationships, leading to better decisions. In turn, these decisions can contribute to a sense of shared success that strengthens the team's joint identity.

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Ibarra, Garza Rafael. "La protection du patrimoine fiduciaire-trust fund : (étude comparée : Droit français-Droit anglais)." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020012/document.

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La constitution d’une fiducie-trust a comme effet la création d’une universalité juridique, le patrimoine fiduciaire-trust fund. De cette universalité, les bénéficiaires-cestuis que trusts tirent les avantages que le constituant-settlor a prévu pour eux ; ainsi pour qu’ils puissent obtenir leurs avantages, il faut que le patrimoine fiduciaire-trust fund soit en bon état. D’où l’importance d’avoir des moyens adéquates qui protègent le patrimoine fiduciaire-trust fund. Dans le cas contraire, les possibilités que le but d’une fiducie-trust déterminée soit réalisé se réduisent, et l'efficacité de l'ensemble de l'institution est remise en question. La protection du patrimoine fiduciaire-trust fund commence par des moyens qui évitent à cette universalité d’être endommagée. Puisque toute action, comme toute inaction du fiduciaire-trustee, peut avoir des effets négatifs sur le patrimoine fiduciaire-trust fund, il faut empêcher qu’il endommage cette universalité. A l’égard du fiduciaire-trustee, le patrimoine fiduciaire-trust fund encourt deux dangers : non seulement que le fiduciaire-trustee agisse dans un intérêt autre que celui des cestuis que trusts, mais aussi qu’il soit négligent dans l’exécution de ses obligations. Pour faire face à ces dangers, et empêcher que le patrimoine fiduciaire-trust fund soit endommagé par le fiduciaire-trustee, deux obligations lui sont imposées : le devoir de loyauté-duty of loyalty et le devoir de diligence-duty of care. D’autre part, si le patrimoine fiduciaire-trust fund peut être endommagé par le fiduciaire-trustee, il peut aussi être endommagé par des tiers. La protection à l’égard des tiers commence en faisant du fiduciaire-trustee le titulaire des droits mis en fiducie-trust (s’il s’agit d’une propriété, il sera propriétaire ; s’il s’agit d’une créance, il sera créancier) ; elle se poursuit en rendant les biens fiduciés, et donc le patrimoine fiduciaire-trust fund, indépendants du patrimoine du fiduciaire-trustee.Bien qu’il existe des moyens préventifs de protection du patrimoine fiduciaire-trust fund, ces moyens ne sont pas infaillibles. Ainsi, quand le patrimoine fiduciaire-trust fund est endommagé, il est nécessaire que le constituant et les bénéficiaires-cestuis que trusts disposent de recours pour faire face aux préjudices soufferts par cette universalité. Parmi les moyens curatifs de protection, on en trouve de nature personnelle : ceux dont les remèdes visent l’exécution en nature de la fiducie-trust et ceux qui visent la réparation du patrimoine fiduciaire-trust fund. Pour réparer le dommage causé au patrimoine fiduciaire-trust fund, on trouve aussi des remèdes de nature réelle. Si le droit anglais offre de vrais remèdes réels, en revanche le droit français offre de « faux » remèdes réels puisque, même si ces remèdes ne sont pas stricto sensu des remèdes réels, ils ont des effets analogues aux remèdes du droit anglais
The constitution of a fiducie-trust has the effect of creating a patrimoine fiduciaire-trust fund. Because the beneficiaries obtain their benefits from the patrimoine fiduciaire-trust fund it has to be in a condition that permits them to obtain those benefits. Hence the importance of having adequate means to protect the patrimoine fiduciaire-trust fund. The protection of the patrimoine fiduciaire-trust fund starts by preventing it from being harmed. Since any action or any inaction of the fiduciaire-trustee can have negative effects on the patrimoine fiduciaire-trust fund, it is necessary to begin by protecting it from the fiduciaire-trustee. There are two situations which have been proven to be dangerous to the patrimoine fiduciaire-trust fund: a) when the fiduciaire-trustee acts in an interest other than that of those of the beneficiaries and b) when the fiduciaire-trustee is negligent in the performance of his obligations. To cope with these two problems and to prevent the patrimoine fiduciaire-trust fund from being damaged by the fiduciaire-trustee, two obligations are imposed upon him: a) the devoir de loyauté-duty of loyalty and b) the devoir de diligence-duty of care. If the patrimoine fiduciaire-trust fund is at risk of the actions of the fiduciaire-trustee, it is also at risk of the actions of third parties. The protection of the patrimoine fiduciaire-trust fund from third parties begin by the ownership of the fiduciaire-trustee and continues by separating the patrimoine fiduciaire-trust fund from the personal property of the fiduciaire-trustee. Because the preventive measures that protect the patrimoine fiduciaire-trust fund are not infallible, it is necessary that the constituant and the beneficiaries have access to legal remedies for when the patrimoine fiduciaire-trust fund has been damaged. Among the remedial protection are those of personal nature, including remedies for specific enforcement of the fiducie-trust and those that tend to repair the patrimoine fiduciaire-trust fund. To repair the damage caused to the patrimoine fiduciaire-trust fund there are also real remedies. If English law provides true real remedies, in contrast to French law offers "fake" real remedies because even if the nature of those remedies are not strictly real, they have similar effects to those offered by English law

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Liew, Ying Khai. "Qualified interest constructive trusts." Thesis, University of Nottingham, 2012. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.721513.

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Lau, Hat-lan. "Trust relations in the construction industry /." View the Table of Contents & Abstract, 2005. http://sunzi.lib.hku.hk/hkuto/record/B31457393.

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Lau, Hat-lan, and 劉克蘭. "Trust relations in the construction industry." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B45014917.

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Books on the topic "Constructive trust"

Bachner, Markus Matthias. Der Constructive Trust. Berlin: Studio Print Druck und Vertrieb, 1995.

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Wright, David M. The remedial constructive trust. Sydney: Butterworths, 1998.

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Elgoibar, Patricia, Martin Euwema, and Lourdes Munduate, eds. Building Trust and Constructive Conflict Management in Organizations. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4.

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Evans, Paul Timothy. Estoppels and the constructive trust: Flexible remedies in the law?. Norwich: University of East Anglia, 1987.

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Yokin kōza to shintaku hōri: Bank account and constructive trust. Tōkyō: Nihon Hyōronsha, 2009.

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Pallandt, M. C. J. Constructive trust: Een onderzoek naar de werking en toepassing van constructive trustverhoudingen in het Amerikaanse recht met een rechtsvergelijkende notitie naar Nederlands recht. [Deventer]: Fed, 1992.

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Seager, Joy Florence Ann. Constructive trusts. Wolverhampton: The Polytechnic, Wolverhampton, School of Legal Studies, 1987., 1987.

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Oakley, A. J. Constructive trusts. 4th ed. London: Sweet & Maxwell, 2004.

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Oakley, A. J. Constructive trusts. 3rd ed. London [England]: Sweet & Maxwell, 1997.

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Cope, M. Constructive trusts. Sydney: Law Book Co. Ltd., 1992.

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Book chapters on the topic "Constructive trust"

Lewicki, Roy, Patricia Elgoibar, and Martin Euwema. "The Tree of Trust: Building and Repairing Trust in Organizations." In Building Trust and Constructive Conflict Management in Organizations, 93–117. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_6.

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Elgoibar, Patricia, Lourdes Munduate, and Martin Euwema. "Building Trust and Constructive Conflict Management in Organizations." In Building Trust and Constructive Conflict Management in Organizations, 1–13. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_1.

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Tjosvold, Dean, Paulina Wan, and Moureen M. L. Tang. "Trust and Managing Conflict: Partners in Developing Organizations." In Building Trust and Constructive Conflict Management in Organizations, 53–74. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_4.

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Cruz Villalón, Jesús. "Mutual Trust in Industrial Relations from a Legal Perspective." In Building Trust and Constructive Conflict Management in Organizations, 185–94. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_11.

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Kożusznik, Barbara, and Jarosław Polak. "Regulation of Influence: An Ethical Perspective on How to Stimulate Cooperation, Trust and Innovation in Social Dialogue." In Building Trust and Constructive Conflict Management in Organizations, 169–84. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_10.

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Gartzia, Leire, Alejandro Amillano, and Josune Baniandrés. "Women in Industrial Relations: Overcoming Gender Biases." In Building Trust and Constructive Conflict Management in Organizations, 195–211. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_12.

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Munduate, Lourdes, Martin Euwema, and Patricia Elgoibar. "Constructive Conflict Management in Organizations: Taking Stock and Looking Forward." In Building Trust and Constructive Conflict Management in Organizations, 213–30. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_13.

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Martínez Lucio, Miguel. "Myths and Fantasies in Discussing the End of Organized Labor: What Do We Mean When We Say There Is a Crisis of Labor Relations?" In Building Trust and Constructive Conflict Management in Organizations, 15–27. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_2.

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García, Ana Belén, Erica Pender, and Patricia Elgoibar. "The State of Art: Trust and Conflict Management in Organizational Industrial Relations." In Building Trust and Constructive Conflict Management in Organizations, 29–51. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_3.

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Fells, Ray, and Peter Prowse. "Negotiations in the Workplace: Overcoming the Problem of Asymmetry." In Building Trust and Constructive Conflict Management in Organizations, 75–92. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31475-4_5.

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Conference papers on the topic "Constructive trust"

Figueiredo, H., D. Cook, and W. Biggs. "The Test and Evaluation of Intelligent Autonomous Systems (IAS)." In Engine As A Weapon International Symposium VIII. IMarEST, 2019. http://dx.doi.org/10.24868/issn.2515-8171.2019.001.

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Intelligent autonomous systems (IAS) are set to become a feature of future defence programmes, and their introduction will pose challenges to traditional systems engineering and acquisition practice. Whilst the need for operational and technical assurance will endure, the need to manage programmes that deliver iteratively and which are continually evolving requires fresh thinking. New increments may well be undergoing acceptance testing against a backdrop of continual developments to higher level concepts of operation – there may be no stable baseline. Furthermore, the unbounded and potentially non-deterministic nature of IAS means testing alone is unlikely to provide satisfactory assurance, especially for systems that are able to learn from previous mission data. Lastly, at the very core of what is referred to as human-autonomy teaming is a notion of trust by the operator of the IAS, a trust which builds through development, integration, training and deployment, implying a blurring of boundaries between that which is technical assurance and that which is operational. In response to these challenges, QinetiQ are investing in UK test and evaluation infrastructure and developing, with partners, approaches that will mitigate the risks posed by these new technologies. As outlined in this paper, these include distributed live, virtual and constructive facilities, brokered policy enforcement by software and developing a body of trusted software components. The paper argues how these developments address the identified challenges, highlighting remaining gaps and drawing on evidence from ongoing UK MOD research and development; it concludes with the approaching investment and programmatic choices that will need to be made to ensure best-for-enterprise outcomes.

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Pishdad-Bozorgi, Pardis, and John Haymaker. "Effect of Decision-making Methods on Trust." In Construction Research Congress 2014. Reston, VA: American Society of Civil Engineers, 2014. http://dx.doi.org/10.1061/9780784413517.088.

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Zheng, Xiaodan, Xinyi Song, Conghan Wang, and Shuibo Zhang. "A Pilot Study of Investigating Trust Repair Strategies for Competence-Based Trust Violation in China: From Subcontractors’ Perspective." In Construction Research Congress 2018. Reston, VA: American Society of Civil Engineers, 2018. http://dx.doi.org/10.1061/9780784481271.011.

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Engebø, Atle, Marie Hammer Iversen, Leif Daniel Houck, Ola Lædre, and Jardar Lohne. "Trust: Work-related crime in the AEC-industry." In Creative Construction Conference 2018. Budapest University of Technology and Economics, 2018. http://dx.doi.org/10.3311/ccc2018-045.

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Gad, Ghada M., and Jennifer S. Shane. "Trust in the Construction Industry: A Literature Review." In Construction Research Congress 2014. Reston, VA: American Society of Civil Engineers, 2014. http://dx.doi.org/10.1061/9780784413517.217.

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Wu, FuJu, David R. Riley, Robert Leicht, Gül Kremer, and Somayeh Asadi. "Value and Trust Performance Metrics in Home Energy Audits." In Construction Research Congress 2016. Reston, VA: American Society of Civil Engineers, 2016. http://dx.doi.org/10.1061/9780784479827.132.

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Bohnstedt, Kristian, Kim Haugbølle, and Erik Bejder. "Trust Factors Affecting Cooperation in Construction." In International Conference on Construction and Real Estate Management 2013. Reston, VA: American Society of Civil Engineers, 2013. http://dx.doi.org/10.1061/9780784413135.058.

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Geater, Jon. "Digital Twins and Blockchain: How Trustworthy Data Exchange Can Drive Better Business in Construction and Beyond." In Construction Blockchain Conference 2021. Design Computation, 2021. http://dx.doi.org/10.47330/cbc.2021.ovri6760.

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Advanced digital technology including Digital Twins and Blockchain promise significant improvements in efficiency and innovation in the physical world of construction by streamlining processes through automation, and improving operations through detailed data insights. However, this opportunity comes with a risk: importing data and software from external parties creates a complex and fast-moving supply chain that requires constant verification, else bad data can poison automata and compromise business operations. This work presents Dynamic Resilience: a paradigm for trustworthy contextual decision-making based on zero trust principles that aim to keep operations safe and secure even with changing conditions and emerging threats.

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Guo, Xingzhou, and Yunfeng Chen. "Perceived Trust of Contractors in Building Information Modeling Assisted Projects." In Construction Research Congress 2020. Reston, VA: American Society of Civil Engineers, 2020. http://dx.doi.org/10.1061/9780784482889.002.

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Hasanzadeh, Sogand, Ghada M. Gad, Samaneh Nasrollahi, Behzad Esmaeili, and Douglas D. Gransberg. "Impacts of Levels of Trust on Dispute Occurrences in Highway Projects." In Construction Research Congress 2016. Reston, VA: American Society of Civil Engineers, 2016. http://dx.doi.org/10.1061/9780784479827.051.

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Reports on the topic "Constructive trust"

Elnour Abdelkarim, Zeinab. Assessing Sudan's Electoral Legal Framework. International Institute for Democracy and Electoral Assistance, May 2022. http://dx.doi.org/10.31752/idea.2022.18.

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Assessing Sudanʼs Electoral Legal Framework provides an in-depth insight and analysis of Sudanʼs current legal framework for elections. It measures Sudanʼs legal electoral framework against a common international understanding of the principles, norms and obligations that define credible and democratic elections. The objective of this analysis is not to criticize or pass judgement on the countryʼs existing electoral processes; instead, it offers an unbiased assessment of how Sudanʼs existing electoral laws and country context create an enabling or disabling environment for free and fair elections. It provides comprehensive and constructive recommendations to strengthen existing legislation and improve fairness, uniformity, reliability, consistency and professionalism in Sudanʼs future elections. This Report also assesses the status of core democratic principles and freedoms that provide the foundation for credible elections and highlights any restrictions on these fundamental rights and liberties that could interfere with the countryʼs upcoming elections or delay its political transition. It calls upon the transitional government to protect citizensʼ rights and liberties and prevent abuses that may influence public trust, fairness, and openness of electoral and other transitional processes. Lastly, this Report discusses political, socio-economic, and legal issues impacting Sudanʼs roadmap to democratic transition before the October 2021 military coup.

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Zucker, Lynne, and Michael Darby. Social Construction of Trust to Protect Ideas and Data in Space Science and Geophysics. Cambridge, MA: National Bureau of Economic Research, December 1995. http://dx.doi.org/10.3386/w5373.

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Lam, Terence, and Keith Gale. Construction frameworks in the public sector: Do they deliver what they promise? Property Research Trust, November 2021. http://dx.doi.org/10.52915/sbuk7331.

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We demonstrate that the use of Performance Frameworks for the procurement of construction projects by public sector organizations in the UK (specifically, in England) leads to significantly improved outcomes in terms of time, cost, quality, sustainability and closer relationships, than the traditional ‘open tender’ approach of procuring discrete projects, individually. We identify the factors that lead to such improvements. We label these: supplier’s task performance factors (project staff, execution approach, competence of firm and structure of firm); supplier’s contextual performance factors (trust and collaboration, culture and conscious behaviour); and client’s organisational factors (incentives, performance monitoring, procurement approach and communication). And we offer a performance improvement model that will help project managers to select the most appropriate suppliers at the procurement phase, to achieve successful project outcomes. The model can also be used to drive project performance further, by adopting client’s organisational factors during the procurement and construction phases. By applying the research conclusions, suppliers will be able to focus on communicating their strengths in the relevant aspects of task and contextual performance for technical tender proposals, and so increase the value of their services and the probabilities of winning work. And the analysis can be used by policy makers to help in drafting regulations and legislation on formal frameworks, in ways that will improve the delivery of policy objectives.

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Kim, Hyeyoung, Jihyun Lee, and Gerardo Reyes-Tagle. Standardized PPP Contract in Korea and its Implications for Latin America and the Caribbean. Inter-American Development Bank, November 2021. http://dx.doi.org/10.18235/0003708.

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The standardization of PPP contracts in Korea has played a key role in establishing PPP institutional frameworks in the civil law system in which there must be legal and institutional safeguards for the long-term PPP contracts. The reliability of standardized contracts is secured due to the fact that the standardized PPP contract has been prepared by the statutory PPP agency under the approval of the Ministry of Economy and Finance, an influential ministry within the government. The standardization of PPP contracts has been of great utility for both the competent authorities and private partners. The standardized contract has streamlined negotiations. The private partner was able to trust in the major risk allocation declared through the standardized contract in handling land acquisition, construction completion, operation and demand, and termination. We found out through our survey that there are similarities between Korea and LAC countries in that most LAC countries have adopted the civil law system and the countries have developed similar payment types for PPP and risk allocation principles. The experience and lessons on standardized PPP contract in Korea can be of great utility to LAC countries.

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Han, Fei, Monica Prezzi, Rodrigo Salgado, Mehdi Marashi, Timothy Wells, and Mir Zaheer. Verification of Bridge Foundation Design Assumptions and Calculations. Purdue University, 2020. http://dx.doi.org/10.5703/1288284317084.

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The Sagamore Parkway Bridge consists of twin parallel bridges over the Wabash River in Lafayette, IN. The old steel-truss eastbound bridge was demolished in November 2016 and replaced by a new seven-span concrete bridge. The new bridge consists of two end-bents (bent 1 and bent 8) and six interior piers (pier 2 to pier 7) that are founded on closed-ended and open-ended driven pipe piles, respectively. During bridge construction, one of the bridge piers (pier 7) and its foundation elements were selected for instrumentation for monitoring the long-term response of the bridge to dead and live loads. The main goals of the project were (1) to compare the design bridge loads (dead and live loads) with the actual measured loads and (2) to study the transfer of the superstructure loads to the foundation and the load distribution among the piles in the group. This report presents in detail the site investigation data, the instrumentation schemes used for load and settlement measurements, and the response of the bridge pier and its foundation to dead and live loads at different stages during and after bridge construction. The measurement results include the load-settlement curves of the bridge pier and the piles supporting it, the load transferred from the bridge pier to its foundation, the bearing capacity of the pile cap, the load eccentricity, and the distribution of loads within the pier’s cross section and among the individual piles in the group. The measured dead and live loads are compared with those estimated in bridge design.

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SEGMENTED ASSEMBLY CONSTRUCTION FORMING METHOD WITHOUT BRACKETS OF SPATIAL CABLE-TRUSS STRUCTURE WITHOUT INNER RING CABLES. The Hong Kong Institute of Steel Construction, September 2022. http://dx.doi.org/10.18057/ijasc.2022.18.3.6.

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Spatial cable-truss structure without inner ring cables (SCSWIRC) is a new cable-truss tension structure (CTTS), the features of which are composed of a series of planar cable-truss frames interwoven with each other. Its anti-collapse capacity is better, but its construction forming is complex. The reasons are that the strut’s number and length will be enlarged with the span increase. Serious collision and winding of struts occur during construction due to SCSWIRC formed by a series of planar cable-truss frames interwoven with each other, which cause many difficulties in construction. According to the complex problem of construction forming, the segmented assembly construction forming method without brackets is proposed for SCSWIRC, and the basic idea of the proposed method is elaborated in detail. The SCSWIRC’s experimental model with a 6m is designed, and numerical simulation and experimental research were carried out on the experimental model. The experimental results show that the error range of the internal forces of cables and struts is 6.99%~11.58%, and displacement errors of node 1 and node 2 are 3.27mm and 3.81mm, respectively verifies the feasibility and correctness of the proposed method. Then the static and dynamic experiment is carried out based on the final formed model. The static and dynamic experiment verifies the feasibility of the final formed model, which further shows the rationality and correctness of the segmented assembly construction forming method without brackets.

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STUDY ON FORCE MECHANISM OF CABLE-TRUSS FRAME AND JUMPED LAYOUT OF ANNULAR CROSSED CABLE-TRUSS STRUCTURE. The Hong Kong Institute of Steel Construction, September 2021. http://dx.doi.org/10.18057/ijasc.2021.17.3.3.

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A new type of cable-strut tension structure named Annular Crossed Cable-truss Structure(ACCTS) comprises a series of planar cable-truss frames crossed each other. To investigate the force mechanism of ACCTS, a cable-truss frame model with 2-bar and 6-cable has been developed, and its initial stiffness formula has been derived as well. The model is further simplified to make it is upper and lower vector heights equal, and then the initial stiffness formula and the critical slack load formula are further deduced. Based on ANSYS software and cable-truss frame with a span of 60m, the influences of the number of struts and position of jumped layout on the cable-truss frame are studied. According to the former 60m span cable-truss frame's research results, the jumped layout of ACCTS with a span of 100m is studied. The static and dynamic performances of two schemes, the optimal jumped layout scheme and the original scheme, are systematically studied. It is shown that the number of struts would be about 6~8 for the planar cable-truss frame and the optimal order of jumped layout is strut 6-7→strut 4-5→strut 2-3. The optimal order of jumped layout of ACCTS agrees with that of the cable-truss frame, verifying the feasibility of conclusions. In the condition of no variation in the original structure's static and dynamic performance, the optimal scheme of the jumped layout will lower the steel consumption and enhance the buckling loads. Moreover, it also simplifies structure for easy construction.

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Integrated Design Optimization for Long Span Steel Transfer Truss at Redevelopment of Hong Kong Kwong Wah Hospital. The Hong Kong Institute of Steel Construction, August 2022. http://dx.doi.org/10.18057/icass2020.p.365.

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Long-span steel trusses are increasingly used in high-rise buildings to replace reinforced concrete thick transfer plate due to light weight and high load-bearing capacity. To support multi-stories above the steel transfer truss, a comprehensive method based on second-order direct analysis method has been applied for optimization design of long-span steel transfer truss in the Redevelopment of Hong Kong Kwong Wah Hospital (KWH) – Phase 1. In the project, a 35m long-span steel transfer truss is adopted at the 3rd to 5th floors to support the above 15-story reinforced concrete structure. Innovative technologies such as the integrated global and local optimization, the integrated design and construction have been explored and made to achieve better uniformity and harmony in structure. In particular, twin trusses with better structural performance, less fabrication cost and ease of constructability are studied and finally adopted in main trusses to replace original single trusses. The optimal scheme has brought both cost and time saving in fabrication, construction, operation and maintenance stages.

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APPLICATION OF HYDRAULIC SYNCHRONOUS LIFTING TECHNOLOGY IN THE CONSTRUCTION OF LONG-SPAN HYBRID STEEL STRUCTURES. The Hong Kong Institute of Steel Construction, August 2022. http://dx.doi.org/10.18057/icass2020.p.070.

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The aim of this study was to solve technical problems, such as uneven structures, multiple lifting points, high accuracy control requirements, and multi-disciplinary collaborative work, in the process of lifting and hoisting long-span hybrid steel structures based on the lifting work of a steel roof and steel beams of the Hunan Radio and Television studio F. First, after conducting research on the comparison and selection of the construction scheme, lifting process, quality control and other aspects, a floor assembly + hydraulic lifting + overhead supplementary bar construction plan was proposed. The large-section steel beam and truss hybrid structure system with different bottom chord elevations was divided into two units for synchronous lifting, with weights of 715 tons and 340 tons, lifting heights of 21.5 metres and 15 metres, and a maximum span of 50.4 metres , Second, the maximum vertical displacement, maximum stress ratio of the members, lifting reaction force frame and overall stability of the hybrid structure during the lifting process were analysed, and the results showed that they all met the requirements. Finally, the monitoring data of the field construction process were in good agreement with the numerical calculation results, further verifying the rationality and feasibility of hydraulic synchronous lifting technology, which can provide guidance and a reference for the construction of similar long-span hybrid steel structures.

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STUDY ON STATIC AND DYNAMIC EXPERIMENT OF SPATIAL CABLE-TRUSS STRUCTURE WITHOUT INNER RING CABLES BASED ON GRID-JUMPED LAYOUT OF STRUTS. The Hong Kong Institute of Steel Construction, December 2022. http://dx.doi.org/10.18057/ijasc.2022.18.4.6.

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Cable-truss tensile structures are one of the most imperative types of spatial structures, and a spatial cable-truss structure without inner ring cables (SCSWIRC) is a new type of cable-truss tensile structure. Although SCSWIRC has a strong anti-collapse capacity, its construction forming is difficult. Based on the concept of grid-jumped layout for struts, the experimental model with a span of 6 m is designed, and then three grid-jumped layout schemes are proposed to simplify structure system. The static and dynamic properties of experimental and finite element models are systematically studied. The results show that experimental values agree with simulation values. The errors of the static experiment are in the range of 6%~11.53% and the errors of the dynamic experiment are in the range of 5%~8%. The grid-jumped layout has negligible effects on the internal forces of cables. However, it has excellent effects on the internal forces of struts and nodal displacements at the grid-jumped layout, so the mechanical property of struts needs to be rechecked after grid-jumped layout. The mechanical property of the optimal grid-jumped layout scheme does not change compared with original scheme. The optimal grid-jumped layout scheme not only simplifies SCSWIRC, but also reduces the amount of steel. The study can promote the application of SCSWIRC in practical engineering.

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