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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
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Rationalising Constructive Trusts (Paperback)
Loot Price: R2,664
Discovery Miles 26 640
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Rationalising Constructive Trusts (Paperback)
Series: Hart Studies in Private Law
Expected to ship within 10 - 15 working days
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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.
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