It is this second group, which can itself be subdivided into resulting and constructive trusts
, that is likely to be of greatest significance in claims involving cultural property.
which arise from contracts to make wills.
The author then analyzes the use of constructive trusts
as a remedy for breach offiduciary duty.
Geared toward the study of English law in a Bachelor of Laws (LLB), postgraduate, or conversion course, this work contains 13 chapters discussing equity and trusts, the creation of express private trusts, purpose trusts, constitution of trusts, secret trusts, protective and discretionary Trusts, Resulting Trusts and Constructive Trusts
, Charitable trusts, the nature of trusteeship, the duties of the trustees, the power of trustees, variation of trusts, breach of trust and remedies.
In analyzing the classification process at the private international law level, the author attempts to address all of the major domestic law proprietary restitutionary claims such as claims to traceable proceeds, proprietary claims to the profits of wrongdoing, resulting trusts, constructive trusts
arising in mistaken transfers and remedial constructive trusts
and Canadian courts recognize the so-called "remedial" constructive trusts
, while English courts do not.
RESTATEMENT (FIRST) OF RESTITUTION: QUASI CONTRACTS & CONSTRUCTIVE TRUSTS
[section] 184 (1937).
93) The doctrine of constructive trusts
developed in England and the United States as an equitable remedy in cases where an express trust did not exist or was unenforceable.
Multiple court orders created constructive trusts
for the benefit of the great-grandchildren of the original grantor.
There are different principles under resulting and constructive trusts
which apply depending on whether the property is owned in one person''s name or joint names.
This Note argues that state statutory constructive trusts
adopting Uniform Probate Code section 2-804(h)(2) can resurrect the revocation-by-divorce doctrine as applied to ERISA-governed employee benefit plans.
The spectrum of intermediate approaches includes (1) the minority rule plus the use of constructive trusts
, (140) (2) the McGowan rule (the federal common law rule for welfare plans and the minority rule for pension plans), (141) and (3) the federal common law approach without allowing renomination after a waiver.