Explaining Constructive TrustsConcerned 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). |
Contents
A Preview | 1 |
The Aims | 7 |
The Rules | 47 |
Informality | 86 |
Priority | 115 |
I | 117 |
38 | 123 |
43 | 130 |
The Theses | 145 |
48 | 147 |
50 | 156 |
BIBLIOGRAPHY | 169 |
| 175 | |
Common terms and phrases
2nd edn 3rd edn 5th edn affirm arise bargain rules basic central rationale beneficiaries breach claims Cmnd consider constructive trusts contract court defendant defendant's disponor disposition donatio mortis causa English Law Equity estoppel estoppel rule example explicitly express trusts fact Gissing Goff and G inducement rules infra insolvency insolvency law land Law of Property Law of Restitution Law of Trusts legislation liability licences LN Prol LN Rep Lord Denning Lord Nottingham Megarry and H non-pecuniary losses non-testamentary ordinary claimants pecuniary loss perfection argument perfectionary rules Pettkus plaintiff Property Act property rights proprietary estoppel protective rules purchasers without notice reason requirement of writing restitution argument restitutionary resulting trusts revocability rules on constructive Sale secret trusts Selangor settlor significant Statute of Frauds statutory suggest supra testamentary power text thereto third parties third thesis three aims three arguments trust property unilaterality vitiation
References to this book
Boundaries of Personal Property: Shares and Sub-Shares Arianna Pretto-Sakmann No preview available - 2005 |