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 ?
A constructive trust would probably not alter the fact that the unvested items have been transferred for tax purposes, because legal title is not dispositive as to tax ownership.
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.
However, as indicated, it is not clear now whether the concept of constructive trust is still to be interpreted so extensively.
or (2) an action in restitution by way of constructive trust.
37) The outrage at the unjust enrichment of AIG must thus be cabined into one of the available restitution devices: partial rescission, constructive trust, or accounting for profits.
In this setting, some in-laws have sought relief in the Superior Court by equitable petition asserting constructive trust and/or unjust enrichment to recover their investment.
Normally, a Callahan Trust is a constructive trust, under which the employee-spouse holds stock options or restricted stock for the benefit of the nonemployee-spouse.
Suit seeks $500,000 in damages; constructive trust.
The court held that the divorce decree created a "constructive trust" to protect the interest awarded to the former spouse in the pension plan even though the divorce decree did not use the words constructive trust.
The insuring co-tenant in possession must account to the other joint owners for their share of the insurance proceeds and a suit to impress a constructive trust on the proceeds would be available to the other co-tenants if the insuring co-tenant fails to make the required accounting.
The court saw differently and imposed a constructive trust over Carter's companies and accounts to prevent obvious wrongdoing and to prevent unjust enrichment.
Moreover, modern equity provides a number of grounds on which Oxford might have relied: unjust enrichment, constructive trust, proprietary estoppel.
I have a constructive trust interest because they used my money to buy it and it is attached to my proof of claim," she explained.
seeks an order enjoining the challenged advertising, imposing a constructive trust on the defendants, "ill-gotten gains," and requiring the defendants to undertake "corrective" advertising and print media campaigns warning consumers of the health hazards of smoking in order to negate the effect of the Old Joe Camel advertisements.
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