Rationalising Constructive Trusts

Rationalising Constructive Trusts - Hart Studies in Private Law

Paperback (23 Jan 2020) | English

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Synopsis

Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.

Book information

ISBN: 9781509935161
Publisher: Bloomsbury Publishing (UK)
Imprint: Hart Publishing
Pub date:
DEWEY: 347.077
DEWEY edition: 23
Language: English
Number of pages: 416
Weight: 644g
Height: 244mm
Width: 169mm
Spine width: 21mm