Explaining Constructive Trusts


Book Description

Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing theses regarding the rules (first, that, based on the North American experience, they should be considered as instruments of restitution; and second, that they are disorganized) and advances Elias' new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: (1) making disponors abide by their dispositions...(2) making those who gain through loss to others give the gains up to those others...(3) making those who inflict losses on others repair those losses..." (Preface p. v).




Constructive and Resulting Trusts


Book Description

Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.




Constructive Trusts


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Waters' Law of Trusts in Canada


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Restatement of the Law


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Waters' Law of Trusts in Canada


Book Description

This new edition of the authoritative Canadian treatise on trusts is both comprehensive and up to date. It examines every facet of the law of trusts in every jurisdiction in Canada, including the nature of trusts under common law and civil law; the creation and administration of express trusts; trust termination; conflict of laws, including the Hague Convention on the Recognition of Trusts; the variety of uses to which the trust is applied; and the law concerning remedial trusts (i.e. resulting and constructive trusts), especially in matrimonial law. Structured for ease of use, this book clearly explains and explores a complex and increasingly important field of law.




The Law of Trusts


Book Description

Widely regarded as the leading authority on the law of trusts, Scott on Trusts offers practical advice on the creation, administration, and termination of all kinds of trusts, as well as incisive analysis of the underlying principles of trust law. The duties of trustees and the rights of beneficiaries, would-be beneficiaries, and third parties are constantly being changed and redefined. This preeminent resource keeps you abreast of the latest developments in trust law enabling you to resolve trust problems efficiently and effectively with regular updates integrating the latest court decisions and legislative changes. Scott on Trusts allows you to examine the full range of your options at every stage, from client counseling to final distribution. You'll find all the guidance you need to handle such trust elements and issues as: What can make a trust illegal -- Powers and liabilities of the trustee -- Remedies of the beneficiary -- Charitable, constructive, and resulting trusts -- Thirdperson liabilities -- Power of creditors to reach trust property -- ERISA -- Conflict of laws -- Moral and political factors influencing a trustee's investments -- Corporate fiduciaries -- Creditors and bankruptcy -- Eligibility of beneficiary for Medicaid.







Constructive Trusts


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