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Post by Sapphire Capital on Oct 31, 2009 2:23:04 GMT 4
The Centrality of Constructive and Resulting Trusts Ben Mcfarlane University of Oxford - Faculty of Law CONSTRUCTIVE AND RESULTING TRUSTS, C. Mitchell, ed., Hart Publishing, 2010 Oxford Legal Studies Research Paper No. 34/2009 Abstract: Unlike express trusts, constructive and resulting trusts do not arise simply as a result of a party’s exercise of a power to set up a trust. As a result, from one perspective, such trusts may seem to be anomalies, in need of special justification. This paper argues against that perspective and advances the view that constructive and resulting trusts are instead central examples of the fact that any trust depends for its existence on a trustee holding a “duty-burdened right”. The existence of constructive and resulting trusts demonstrates that a number of different events may give rise to the duty that burdens the right. In light of that analysis, the paper then considers possible objections to particular types of constructive and resulting trust. papers.ssrn.com/sol3/papers.cfm?abstract_id=1494945
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