Log in

Relevant bibliographies by topics / Constructive trusts

Contents

Journal articles

Academic literature on the topic 'Constructive trusts'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 January 2023

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Constructive trusts.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Constructive trusts"

1

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

Full text

Abstract:

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 constructiv

APA, Harvard, Vancouver, ISO, and other styles

2

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

Full text

Abstract:

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 constr

APA, Harvard, Vancouver, ISO, and other styles

3

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

Full text

Abstract:

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 appea

APA, Harvard, Vancouver, ISO, and other styles

4

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

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

5

Meagher, Jacob J. "Rationalising Constructive Trusts." King's Law Journal 29, no. 2 (2018): 324–27. http://dx.doi.org/10.1080/09615768.2018.1502071.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

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

Full text

Abstract:

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 obligati

APA, Harvard, Vancouver, ISO, and other styles

7

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

Full text

Abstract:

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 ac

APA, Harvard, Vancouver, ISO, and other styles

8

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

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

9

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

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

10

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

Full text

Abstract:

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 v

APA, Harvard, Vancouver, ISO, and other styles

More sources

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!