constructive trust


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Related to constructive trust: implied trust
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Synonyms for constructive trust

a trust created by a court (regardless of the intent of the parties) to benefit a party that has been wrongfully deprived of its rights

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References in periodicals archive ?
181) In a constructive trust situation, then, the child may have a cognizable legal interest in her Dividend based on the indicators considered above.
The circumstances in which a constructive trust will arise are many and varied and can be organised in different ways.
15) Eight of the 28 charitable beneficiaries under the decedent's will sued Owens and alleged undue influence, tortious interference with an expectancy, and requested a constructive trust over the assets Owens received under the will.
Thus, although a claim under the Family Provision Act is to be distinguished from one for a constructive trust or equitable estoppel and some different considerations apply (including in particular the interests of beneficiaries under the Will, and other eligible persons) [Vigolo v Bostin, [76]-[78]], nonetheless the conclusions expressed above as to the requirements in the circumstances of conscionable behaviour are highly relevant also to what is proper provision for the Plaintiff [cf Lewis v Lewis [2001] nswsc 321, [76]].
In Part IV, I turn to remedies and analyze the Court's reasoning on the availability of the constructive trust as a remedy for breach of fiduciary duty.
the defendant] by reason of her complicity and involvement in the transfer of the deposits to the account in the joint names of Gen Thahir and herself also became a constructive trustee, and when she became the sole owner of the deposits she continued to hold them on a constructive trust for Pertamina.
CONTENTS I Introduction II The Unconscionable Dealings Doctrine III Undue Influence IV Australian Fiduciary Law V Estoppel in Equity VI The Constructive Trust VII The Statutory Context VIII Conclusion
Xin hold all profits derived from the unlawful use of the intellectual property rights pertaining to the Software Products and the Extended Software Products on constructive trust for Janful.
While not without its controversies, in many English speaking locales the Constructive Trust Doctrine is now a useful tool for those who seek to prevent the dispersal of corrupt funds and recover the proceeds of corrupt activities, such as bribery.
way of constructive trust to vindicate the donor's right to freedom
She is seeking a constructive trust over the penthouse "to ensure that assets are available to satisfy any monetary judgment that the Swiss court shall award plaintiff Elena Rybolovleva," according to the complaint.
The district court denied the motion to dismiss all claims except for the unjust enrichment and constructive trust claims.
There is no constructive trust over the Jack Hills iron ore project or Murchison's shares in Crosslands.
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