Explaining Constructive Trusts

Price 71.25 USD

EAN/UPC/ISBN Code 9781584772088


Reprint of the first and only edition. Originally published: Oxford: Clarendon Press; Oxford University Press, 1990. xxii, 177 pp. Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing theses regarding the rules (first, that, based on the North American experience, they should be considered as instruments of restitution; and second, that they are disorganized) and advances Elias" new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: (1) making disponors abide by their dispositions...(2) making those who gain through loss to others give the gains up to those others...(3) making those who inflict losses on others repair those losses..." (Preface p. v). Revision of the author"s Ph.D. thesis at Oxford University.