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Journal articles on the topic 'Constructive trust'

Author: Grafiati

Published: 4 June 2021

Last updated: 10 March 2023

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Etherton, Terence. "CONSTRUCTIVE TRUSTS: A NEW MODEL FOR EQUITY AND UNJUST ENRICHMENT." Cambridge Law Journal 67, no. 2 (June 19, 2008): 265–87. http://dx.doi.org/10.1017/s0008197308000342.

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A comprehensive review, or what has been variously described as the classification or mapping or taxonomy, of constructive trusts would require analysis of areas of law as diverse as vendor and purchaser transactions, the perfection of imperfect gifts, fully secret and half secret trusts, breach of fiduciary duty, and accessory liability for breach of trust, among several others. The search for an acceptable, universally acknowledged, principle for the establishment of a constructive trust, which gives coherence to past decisions and provides a clear guide for the future, will certainly prove elusive in relation to the many different areas of law and fact in which constructive trusts arise.

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12

Harpum, Charles. "The Uses and Abuses of Constructive Trusts: The Experience of England and Wales." Edinburgh Law Review 1, no. 4 (September 1997): 437–63. http://dx.doi.org/10.3366/elr.1997.1.4.437.

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This paper, which was first given on 19 October 1996 at a seminar on constructive trusts organised by the Universities of Edinburgh and Strathclyde with the Scottish Law Commission, examines the role that constructive trusts play in English law. It explains the amorphous nature of such trusts, how they are rooted in concepts of equity and conscience, and how they are often imposed in accordance with equity's traditional grounds for intervention. The central thesis of the paper is that a constructive trust, when imposed, will cause the trustee to become subject to one or more fiduciary obligations or incidents. One situation in which this is not the case— where a constructive trust is employed to impose an encumbrance on a transferee of property—is criticised. There is also a critique of the recourse to equitable maxims as a reason for the imposition of constructive trusts. The paper concludes with some reflections on the likely path of development of constructive trusts in English law and whether they ought to be more widely received into Scots law.

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13

Wu, Tang Hang. "Confidence and the constructive trust." Legal Studies 23, no. 1 (March 2003): 135–52. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00208.x.

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Almost every leading work on the law of confidence mentions the possibility of a declaration of a constructive trust as a remedy for a claim involving an abuse of confidence. Apart from the Canadian Supreme Court, no other appellate court in the Commonwealth has seriously debated this issue. This paper investigates the legitimacy of the use of the constructive trust in this context.

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14

Davis, B. H. "Implied, Resulting or Constructive Trust?" Denning Law Journal 4, no. 1 (October 30, 2012): 52–84. http://dx.doi.org/10.5750/dlj.v4i1.182.

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15

Wright, D. "How much of a trust is a constructive trust?" Trusts & Trustees 18, no. 3 (March 1, 2012): 264–72. http://dx.doi.org/10.1093/tandt/tts010.

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16

Gretton, George L. "Constructive Trusts: I." Edinburgh Law Review 1, no. 3 (May 1997): 281–316. http://dx.doi.org/10.3366/elr.1997.1.3.281.

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This paper was delivered in Edinburgh on 19 October 1996, at a conference on constructive trusts sponsored by the Scottish Law Commission, the University of Strathclyde and the University of Edinburgh. The first part, which appears below, deals with the nature of the constructive trust, and raises the question of whether it in fact exists in Scots law, and, if it does, to what extent and to what effect. The view arrived at is that it does exist, though only at the margin. It is argued that the doctrine is an unhelpful one and can be productive of injustice. In the second part, which will appear in the next issue, possibilities for law reform are examined.

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17

Hood, Parker. "What is so special about being a fiduciary?" Edinburgh Law Review 4, no. 3 (September 2000): 308–35. http://dx.doi.org/10.3366/elr.2000.4.3.308.

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The fiduciary label is not infrequently used. However, there has been little discussion of what it entails in Scots law, and what the consequences are of a party acting in breach of fiduciary duty. A fiduciary owes a duty of “loyalty” to his principal, which is a higher standard of conduct than a party in an “arm's length” transaction. This has the consequence that the remedies for breach of fiduciary duty are more severe. A fiduciary in breach of duty can be required to disgorge gains made as a result of that breach via a constructive trust and/or an account of profits. The constructive trust has, at times, received a somewhat hostile reception in Scots law, on two grounds. First, that it does not fit logically into the overall scheme of Scots law—being a creature of English law's Equity. Second, that it gives the beneficiary of such a trust an unfair priority in the fiduciary's insolvency, to the detriment of other creditors. However, as the constructive trust is a remedy to redress the unjustified enrichment of a fiduciary in breach of duty, its proper ‘home”, in Scots law, is the “enrichment family”, and not trusts. Moreover, by confining the constructive trust to breaches of fiduciary duty involving trust property, its impact on third parties will be reduced.

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18

Hudson, Wayne. "Trust, Constructive History, and Social Theology." Policy, Organisation and Society 5, no. 1 (December 1992): 32–38. http://dx.doi.org/10.1080/10349952.1992.11876777.

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19

Swadling, W. "The Fiction of the Constructive Trust." Current Legal Problems 64, no. 1 (January 1, 2011): 399–433. http://dx.doi.org/10.1093/clp/cur005.

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20

Molloy, T., and T. Graham. "More on the constructive trust morass." Trusts & Trustees 18, no. 10 (November 1, 2012): 919–22. http://dx.doi.org/10.1093/tandt/tts133.

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21

Yip, M. "Singapore: remedialism and remedial constructive trust." Trusts & Trustees 20, no. 4 (March 5, 2014): 373–82. http://dx.doi.org/10.1093/tandt/ttu014.

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22

Gretton, George L. "Constructive Trusts: II." Edinburgh Law Review 1, no. 4 (September 1997): 408–19. http://dx.doi.org/10.3366/elr.1997.1.4.408.

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The first part of this article, which appeared in the May issue, considered whether Scots law has the constructive trust, and concluded that it does, but only to a very limited degree. It was also suggested that the doctrine is an unsatisfactory one. This part looks at options for law reform.

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23

Waters, D. "Resulting trusts, and the Canadian remedial constructive trust: reconciling the two." Trusts & Trustees 20, no. 3 (November 12, 2013): 234–45. http://dx.doi.org/10.1093/tandt/ttt217.

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24

Collins, B. "The remedial constructive trust 'between a trust and a catch-phrase." Trusts & Trustees 20, no. 10 (December 1, 2014): 1055–68. http://dx.doi.org/10.1093/tandt/ttu230.

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25

Nield, Sarah. "Constructive trusts and estoppel." Legal Studies 23, no. 2 (June 2003): 311–31. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00216.x.

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Repeated comments are made as to the similarity between the common intention constructive trust and proprietary estoppel, but there remains considerable confusion over the precise nature of this interrelationship. The constituent elements of each doctrine bear close comparison and, although their respective modes of operation remain distinct, they may lead to similar results. The recent redefinition of the Pallant v Morgan equity provides an opportunity to probe once more the interrelationship between these doctrines. The Pallant v Morgan1 equity explores the operation of the Rochefoucauld v Boustead2 doctrine in the context of the joint acquisition of land and demonstrates the enforceability of express oral intention based upon a wider range of unconscionablity than the detriment based conduct which dominates both the common intention constructive trust and estoppel.

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26

Greer, Sarah, and Mark Pawlowski. "CONSTRUCTIVE TRUSTS AND THE HOMEMAKER." Denning Law Journal 22, no. 1 (November 26, 2012): 35–49. http://dx.doi.org/10.5750/dlj.v22i1.353.

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To what extent, following the decisions in Stack v Dowden and Abbott v Abbott, may a claimant acquire beneficial ownership in the family home under a constructive trust relying purely on domestic contributions as homemaker? The writers examine this question against the background of single and joint ownership cases and suggest that, in the light of recent judicial pronouncements, the criteria for establishing a common intention constructive trust enunciated by Lord Bridge in Lloyds Bank plc v Rosset may have been eroded so as to allow for a much broader inquiry of the claimant’s contributions to support a constructive trust. In particular, it is submitted that this may allow the English courts to consider the same factors for both establishing and quantifying the claimant’s interest in the property which, in turn, may pave the way for a closer assimilation between single and joint ownership cases in this field.

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27

Webb, Charlie. "The Myth of the Remedial Constructive Trust." Current Legal Problems 69, no. 1 (2016): 353–76. http://dx.doi.org/10.1093/clp/cuw013.

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28

Matthews, P. "English Law and the Remedial Constructive Trust." Trusts & Trustees 4, no. 5 (April 1, 1998): 14–17. http://dx.doi.org/10.1093/tandt/4.5.14.

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29

Demetriades, George. "The creation of express, resulting and constructive trust in banking transactions." Journal of Financial Crime 25, no. 2 (May 8, 2018): 277–86. http://dx.doi.org/10.1108/jfc-08-2017-0073.

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Purpose This paper aims to analyse the circumstances where an express, resulting or constructive trust may arise in banking transactions, taking in consideration relevant case law. Bankers in certain situations could become a trustee or a fiduciary in relation to their customers. Emphasis is given on the issue of constructive trust as, after many years of inconsistent case law, a recent decision of the Supreme Court clarifies this controversial issue. Design/methodology/approach The paper is focused primarily on examining relevant cases and judicial reasoning to identify the circumstances leading to the creation of express, resulting or constructive trust in banking transactions. Findings In certain circumstances, the banker could become liable as a trustee under equity. An express trust may arise between a banker and a customer in cases where the customer gives the money to the bank to fulfil a specific purpose. Where the bank is not able to fulfil this purpose, a resulting trust may arise and will hold the money as a resulting trustee. There are some exceptional situations, where the bank can be liable as a constructive trustee. An agent who receives benefits in breach of his fiduciary duty holds those benefits on trust for his principal. Practical implications Knowledge of the legal position and the circumstances that can lead to the creation of express, resulting or constructive trust is essential for both bankers and their clients to protect their interests. The flexibility of equitable remedies can be used to fill in the gaps or deficiencies in the common law. Clients of banks or even third parties in the case of constructive trust can be in a very advantageous position in circumstances where a trust for their money is created. Originality/value The paper takes in to consideration all updated academic papers and modern court decisions. The analysis provided in the paper can be very useful for bankers, their clients and practitioners. The paper clarifies the application of equity law and the creation of trust in certain banking transactions.

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30

Chong, Adeline. "The Common Law Choice of Law Rules for Resulting and Constructive Trusts." International and Comparative Law Quarterly 54, no. 4 (October 2005): 855–83. http://dx.doi.org/10.1093/iclq/lei040.

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There is a dearth of authority and in-depth discussion concerning what the choice of law rules are for claims involving the assertion that property is held on a resulting or constructive trust. It is usually thought that the choice of law rules set out by the Hague Convention on the Law Applicable to Trusts and on their Recognition (hereafter the ‘Hague Trusts Convention’), as enacted into English law by the Recognition of Trusts Act 1987, apply. However, it is arguable that this is not so for some types of resulting and constructive trusts, namely those governed by a foreign law; or, at the very least, that some doubt exists as to whether the Hague choice of lawrules apply to all resulting and constructive trusts. It is therefore important that the common law choice of law rules for such trusts is clearly elucidated. Unfortunately, this is an area of the law that is distinctly undeveloped. The aim of this article is to consider what are or should be the common law choice of law rules for resulting and constructive trusts.

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31

Brattström, Anna, Dries Faems, and Magnus Mähring. "From Trust Convergence to Trust Divergence: Trust Development in Conflictual Interorganizational Relationships." Organization Studies 40, no. 11 (August 10, 2018): 1685–711. http://dx.doi.org/10.1177/0170840618789195.

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Whereas extant research on trust in interorganizational relationships tends to focus on trust convergence – i.e. members of one focal firm developing similar trust perceptions toward a partner firm – we shift focus to trust divergence – i.e. members of one focal firm developing different trust perceptions toward a partner firm. To explore trust divergence, we conduct an inductive, longitudinal study of one interorganizational relationship characterized by mutual transgressions. We identify shifts in attentional perspectives and referent categorizations as two novel mechanisms for theorizing trust development in interorganizational relationships. In particular, we develop a process model illuminating how these two mechanisms can contribute to trust development patterns in interorganizational relationships that are more discontinuous than existing models would predict. Moreover, we highlight the constructive implications of trust divergence for interorganizational collaboration in the presence of transgression and conflict.

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32

AUSTIN, R. P. "Commerce and Equity—Fiduciary Duty and Constructive Trust." Oxford Journal of Legal Studies 6, no. 3 (1986): 444–55. http://dx.doi.org/10.1093/ojls/6.3.444.

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33

Khan, Azfer A. "Certain uncertainty: thoughts against the remedial constructive trust." Trusts & Trustees 23, no. 8 (October 1, 2017): 859–65. http://dx.doi.org/10.1093/tandt/ttx139.

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34

Shur-Ofry, Michal, and Ofer Tur-Sinai. "Constructive Ambiguity: IP Licenses as a Case Study." University of Michigan Journal of Law Reform, no. 48.2 (2015): 391. http://dx.doi.org/10.36646/mjlr.48.2.constructive.

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Ambiguity in contracts is often perceived as undesirable. A certain level of ambiguity, however, can have significant virtues: reducing transaction costs associated with foreseeing and negotiating remote contingencies; facilitating the closing of efficient transactions that would not otherwise close; increasing the adaptability and “anti-fragility” of contracts in the face of unforeseen developments; and preserving trust between the parties. Some contracts are more likely to benefit from a certain degree of ambiguity. Relying on multi-disciplinary literature, this Article systematically analyzes ambiguity’s merits and identifies three principal features of transactions that are positively correlated to the virtues of ambiguity: (1) long duration, (2) relational nature, and (3) complexity and uncertainty of the transaction and the relevant markets. As a case study, this Article considers intellectual property (IP) licenses negotiated between sophisticated parties. IP license agreements exhibit the above three transactional features, which are tightly linked to the unique attributes of intellectual property, including its non-rival nature, tacit knowledge surrounding formal IP rights, and significant uncertainty embedded in IP rights and markets. This Article thus concludes that IP licenses constitute paradigmatic candidates for “constructive ambiguity.” This Article further demonstrates that within a specific transaction ambiguity may be more effective for certain types of provisions and topics and proposes new guidelines for addressing ambiguity in a given contract. This Article’s proposal is based on a distinction between core and periphery issues, which it measures using three parameters: (1) probability, (2) significance, and (3) timing. When, from an ex ante perspective, the relevant provision concerns the core aspects of the transaction, ambiguity is generally unwarranted, and courts’ ex post treatment of it should be less tolerant. Yet, when the provision is closer to the periphery of the transaction, ambiguity is often efficient, and courts reviewing the contract should treat it more liberally. While the proposed model addresses ambiguity in IP licenses as its case study, it can have broader implications for contract law in general.

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35

Belshaw, Mark. "Fiduciaries, bribes and constructive trusts—a policy-based justification." Trusts & Trustees 25, no. 8 (October 1, 2019): 835–40. http://dx.doi.org/10.1093/tandt/ttz075.

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Abstract The Supreme Court in FHR European Ventures LLP v Cedar Capital Partners LLC [2015] AC 250 made clear that a fiduciary who breaches his fiduciary duties by receiving a bribe will hold that bribe on constructive trust for his principal. This article suggests that the law’s response to a breach of fiduciary duty is focused on the wrong of breach, rather than on enforcing the fiduciary’s primary duties. Viewed through this prism, a more thorough justification than that identified by the Supreme Court is necessary for imposing a constructive trust over a bribe. This article suggests that there is no principled reason for imposing a constructive trust, but that the justification is rooted in the policies underlying the entirety of the law of fiduciary duties—deterrence and prophylaxis.

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36

Nwabueze, Remigius N. "Equitable Bases of the Nigerian Land Use Act." Journal of African Law 54, no. 1 (March 4, 2010): 119–42. http://dx.doi.org/10.1017/s0021855309990192.

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AbstractDo the terms of the Nigerian Land Use Act permit the application of equitable principles to transactions under it? More particularly, could equity be used to enforce null and void transactions under the Act? Although the Supreme Court answered these questions in the negative in Ajilo, other decisions of the Supreme Court, as well as some sections of the Act itself, suggest that the Act is not incompatible with equitable principles. Nor is it contrary to public policy to enforce null and void transactions under the Act through the intervention of equity. Two relevant equitable concepts are resulting and constructive trusts. While constructive trusts have found some fertile soil in Nigerian equity jurisprudence (despite the discordant tune in Ajilo), Nigerian courts seem to struggle with the principles of resulting trust. This article suggests that resulting and constructive trusts are proper instruments for the interpretation and application of the Act and that Ajilo should be overruled.

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37

Durotimi, Amos, Joseph Dare, and Sule Ayuba. "CONSTRUCTIVE CONFLICTS AND ORGANIZATIONAL-LEARNING IN SMALL AND MEDIUM FIRMS IN KOGI STATE." BUSINESS EXCELLENCE AND MANAGEMENT 12, no. 3 (September 15, 2022): 77–90. http://dx.doi.org/10.24818/beman/2022.12.3-06.

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This study focuses on constructive conflicts and organizational learning within SMEs in Kogi State. It examines the effects of trust and credibility, teamwork, performance improvement and common goals on constructive conflicts within SMEs in Kogi State; and ascertained the relationship between gender diversity and constructive conflicts within SMEs in Kogi State. The study uses a survey research approach and multi-stage sampling was adopted, the sample size of 367 was selected. Data were analyzed using both descriptive statistics, Stepwise Multiple Regression (SMR) and Pearson Correlation Matrix. Findings show that trust and credibility, teamwork, performance improvement and common goals have strong and significant effects on constructive conflicts within SMEs in Kogi State. Further, it shows that gender diversity has a significant relationship with constructive conflicts within SMEs in Kogi State. The study concluded that manageable amount of conflict is productive and recommended that SME owners and managers should be committed to long-term constructive conflict approaches, and should pay attention to gender diversity as a critical group contingency.

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38

Fletcher-Chen, Chavi C. Y., Faten Baddar AL-Husan, and Fawaz Baddar ALHussan. "Relational resources for emerging markets’ non-technological innovation: insights from China and Taiwan." Journal of Business & Industrial Marketing 32, no. 6 (July 3, 2017): 876–88. http://dx.doi.org/10.1108/jbim-05-2015-0092.

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Purpose This paper aims to highlight the importance of relational resources (trust and relationship effectiveness). The authors investigate how the Chinese guanxi is utilized to create and develop service exploitation and exploration activities for adopting non-technological innovations. Design/methodology/approach This study surveyed 252 Chinese and Taiwanese firms. The results were analyzed through structural equation model. Findings Relational antecedents of collaborative communication and constructive conflict positively relate to trust, as well as to relationship effectiveness. Constructive conflict positively relates to exploration and exploitation. Relationship effectiveness and trust mediate two relational antecedents to exploitation. Relationship effectiveness crucially mediates two relational antecedents to exploration. Research limitations/implications Dyadic data would be more desirable to study firm interactions. Practical implications Chinese society perceives conflict as being detrimental to relationships. Constructive conflict enhances inter-firm trust and relationship effectiveness. Relationship effectiveness, which motivates suppliers to mobilize their guanxi network, mediates the supplier–customer interaction in broadening relationships to produce new services, as well as reinforcing networks to strengthen existing ventures. Originality/value This study contributes to a relatively under-explored relationship effectiveness area. Chinese suppliers capitalize their guanxi networks to achieve competitive advantages in non-technological innovation.

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39

Toole, Ciara. "Fiduciary Law and the Constructive Trust: Perfecting the Fiduciary Undertaking." Alberta Law Review 49, no. 3 (March 1, 2012): 655. http://dx.doi.org/10.29173/alr112.

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Two recent unanimous decisions from the Supreme Court of Canada in Galambos v Perez and Alberta v Elder Advocates of Alberta Society have narrowed and refreshed the requirements for recognizing fiduciary relationships and obligations. All fiduciary obligations must be founded by an undertaking, either express or implied, on the part of the fiduciary to act in the best interest of the beneficiary. At the heart of the fiduciary obligation, the undertaking of a fiduciary may also serve as a foundation for the goals of fiduciary accountability. The developing “Galambos approach” remains incomplete in its application in this regard. In the spirit of Galambos and Elder Advocates, I propose that the undertaking of the fiduciary can provide principled guidance in the availability of gain-based relief for breach of fiduciary duty. Particularly, I suggest that the imposition of a constructive trust as proprietary gain-based relief may be rationalized under the objective of perfecting or enforcing the fiduciary undertaking. To demonstrate my proposal, I investigate three example undertakings and breaches of fiduciary duty in which the fiduciary acquires property through the breach of duty. By grounding this overall discussion towards a conceptual remedial goal of enforcing the fiduciary’s undertaking, Galambos may spark the development of a principled approach to understanding both the making and the breach of fiduciary obligations.

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Sherman, Orestis. "Orthodoxy reasserted: tempering the support for the remedial constructive trust." Trusts & Trustees 24, no. 9 (August 29, 2018): 860–68. http://dx.doi.org/10.1093/tandt/tty146.

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Millett, Peter. "BRIBES AND SECRET COMMISSIONS AGAIN." Cambridge Law Journal 71, no. 3 (November 2012): 583–614. http://dx.doi.org/10.1017/s0008197312000839.

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Where a fiduciary receives a bribe or a secret commission in breach of fiduciary duty it remains controversial whether the bribe or secret commission will be held on constructive trust for the principal. The Court of Appeal has held that in most cases there will only be a personal liability to account. That is incorrect. The duty of the fiduciary is to serve the interest of the principal to the exclusion of his own interest. A fiduciary who keeps a profit for himself abuses the trust and confidence placed in him by the principal. He is bound to hand it over to his principal the moment he receives it. Equity's response to a breach of this duty is to enforce the duty by means of the constructive trust.

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Meagher, Jacob J. "(Re-defining) the trust of the specifically enforceable contract of sale—the vendor purchaser constructive trust." Trusts & Trustees 24, no. 3 (January 24, 2018): 266–97. http://dx.doi.org/10.1093/tandt/ttx197.

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Rudzewicz, Adam. "TRUST AS A BASIS FOR SOCIAL CAPITAL." sj-economics scientific journal 11 (December 30, 2013): 7–13. http://dx.doi.org/10.58246/sjeconomics.v11i.503.

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The objective of this study is to identify the role and importance of trust in building social capital in economic and social terms. The sources used to represent the established objective are academic materials related to the topic of work, specialized literature, newspapers and articles.The social capital is built on trust. Social capital is usually of a constructive, its increase results in economic growth and prosperity. The trust or lack of trust always influence the lives of human individuals and organizations in which they operate. Trust is the foundation necessary for the proper functioning of society.

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Allan, Gregory, and Stephen Griffin. "Corporate personality: utilising trust law to invoke the application of the concealment principle." Legal Studies 38, no. 1 (March 2018): 79–102. http://dx.doi.org/10.1017/lst.2017.2.

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AbstractThe landmark Supreme Court judgment in Prest v Petrodel Resources Ltd provides a significant reassessment of the law relating to a court's ability to circumvent corporate personality. The Supreme Court considered that the application of ordinary legal principles (‘the concealment principle’) should ordinarily override a court's ability to apply an equitable veil-piercing doctrine (‘the evasion principle’). Whilst accepting the primacy of the concealment principle, this paper disputes the correctness of the Supreme Court's implied assertion that, in cases concerning ‘one-man type’ companies, the concealment principle should be advanced through application of agency-derived principles. Rather, this paper contends that the concealment principle should be progressed by adopting solutions derived from the law of constructive trusts and associated principles of equity. To an objective of providing a doctrinally sound framework for the development of the law in the post-Prest era, this paper further suggests that the constituent elements of the evasion principle could be consistent with the operation of a distinct species of constructive trust. Moreover, it is argued that, in future, this ‘evasion trust’ should, in complete abrogation of the equitable piercing doctrine, be developed so as to apply in all cases exhibiting intentional and fraudulent abuses of the incorporation process.

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Fors Brandebo, Maria, Sofia Nilsson, and Gerry Larsson. "Leadership: is bad stronger than good?" Leadership & Organization Development Journal 37, no. 6 (August 1, 2016): 690–710. http://dx.doi.org/10.1108/lodj-09-2014-0191.

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Purpose – The purpose of this paper is to investigate if the thesis “bad is stronger than good” also holds true for a number of leadership issues, more specifically: trust in the immediate leader, emotional exhaustion, work atmosphere and propensity to leave. Design/methodology/approach – Questionnaire responses were obtained from military personnel in Estonia, Sweden, Switzerland and the Netherlands (n=625). Findings – Multiple regression analyses revealed a certain pattern. Constructive leadership behaviours showed stronger positive associations with trust in the immediate supervisor and work atmosphere, than destructive leadership behaviours showed negative associations. On the other hand, destructive leadership behaviours showed stronger positive associations with emotional exhaustion and propensity to leave, than constructive leadership behaviours showed negative associations. This suggests that constructive leadership behaviours possibly have a greater impact on positive phenomenon and/or phenomenon associated with work-related relationships. On the other hand, destructive leadership behaviours appear to have a greater impact on negative phenomena with a stronger personal meaning. The results also show that the passive forms of destructive leadership are the behaviours that had the strongest impact on the investigated dependent variables. Research limitations/implications – Limitations related to item construction, common method variance, response set tendencies, translation of the instruments, and lack of response rate are discussed. Practical implications – The results emphasize the importance of focusing on both constructive and destructive leadership at the selection stage, as well as during training of military leaders. Focusing on them separately obstructs optimal leader development and prevents leaders from gaining authentic self-knowledge. The results also point at the importance of including both aspects of leadership in leader evaluation processes. Originality/value – The use of both constructive and destructive leadership behaviours with respondents from multiple nations in the same analysis.

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Baraldi, Mario. "Trust nello scambio di criptovalute (<i>Wang</i> v <i>Darby</i>, 17 novembre 2021)." settembre-ottobre, no. 5 (October 6, 2022): 852–55. http://dx.doi.org/10.35948/1590-5586/2022.180.

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Massima Per la prima volta una corte inglese afferma che le criptovalute sono beni idonei ad essere acquistati, venduti o detenuti in trust. Tuttavia, secondo la Corte non è configurabile un trust (né espresso, né constructive, né Quistclose) quando le parti effettuano uno scambio di criptovalute e prevedono che il ritrasferimento dei beni da una parte all’altra debba essere reciproco.

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Kim, Jung Hun and 정래용. "A Study on the Taxation of Constructive Gift for Nominal Trust." Journal of hongik law review 15, no. 1 (February 2014): 743–82. http://dx.doi.org/10.16960/jhlr.15.1.201402.743.

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Ferres, Natalie, Julia Connell, and Anthony Travaglione. "Co‐worker trust as a social catalyst for constructive employee attitudes." Journal of Managerial Psychology 19, no. 6 (September 2004): 608–22. http://dx.doi.org/10.1108/02683940410551516.

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Georgiou, Alexander Y. S. "Marr v Collie : The Ballooning of the Common Intention Constructive Trust." Modern Law Review 82, no. 1 (January 2019): 145–58. http://dx.doi.org/10.1111/1468-2230.12392.

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Kozhemiakina, O. N. "Trust discourse in existential philosophy." Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series 63, no. 4 (October 31, 2018): 409–17. http://dx.doi.org/10.29235/2524-2369-2018-63-4-409-417.

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The conceptual analysis of the problematization of the crisis of trust in the context of existential philosophy is performed in the article, paying special attention to the specificity of the ambivalent interpretation of the ontological and phenomenological levels of trust as the value basis for social interaction. Addressing the works of K. Jaspers, M. Buber, O. F. Bollnov, N. Abbagnano, the ways of overcoming the crisis bases of trust and the conditions of the “possibility of possibilities” of trust as a positive existential of responsible coexistence are analyzed. The conceptualization of trust as an existential self-determination in the horizons of reliability of world and readiness for vulnerability is presented.An existential analytics of the phenomenological level of trust in the interpretation of strategies of critical optimism and suspicion practices is proposed, which allowed us to consider the constructive and destructive effects of trust in terms of meaningful problems of choice, fear, anxiety, concern, freedom, responsibility in the “trust-to-the-world” and “trust-to-Other” horizons, conceptualizing internal and external resources of basic expectations of reliability, security, optimistic openness and pulsating humanity.

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