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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Wills & probate
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Resulting Trusts (Hardcover)
Loot Price: R5,048
Discovery Miles 50 480
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Resulting Trusts (Hardcover)
Series: Clarendon Law Series
Expected to ship within 12 - 19 working days
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The resulting trust has received little attention in recent years
and this may be because, until relatively recently, the law
relating to resulting trusts was thought to be settled and
uncontroversial. Most of the current academic writing about
resulting trusts is found in the established textbooks on equity
and trusts, but these tend to provide little more than catalogues
of the situations in which resulting trusts arise. There is,
however, very little consensus on the principle by which the
resulting trust operates, including the fundamental question
whether it arises by opertaion of law or depends on the presumed
intention to create a trust. This book examines the true nature of
the resulting trust and the question whether the trusts brought
into being to reverse unjust enrichment should not include
resulting trusts. It then considers whether, when resulting trusts
are properly understood, it does turn out that it is through the
resulting trust that equity makes its principle contribution to
reversing unjust enrichment. This book examines principally the
case law of the UK, Canada and Australia, and it also makes
reference to the views of academic commentators as found in the
standard texts and law journals.
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