Abstract
The aim of this article is to reassert English law’s commitment to the institutional constructive trust, which is facing increased opposition. That opposition is partially due to the description of certain doctrines, namely the common intention constructive trust, proprietary estoppel, and equitable allowances, as manifestations of ‘discretionary remedialism’ far too loosely and a misunderstanding of English law’s approach to property rights. In order to meet the argument at its highest point, this article will offer a model of a remedial constructive that could be adopted relatively safely, before demonstrating that even that concession must be rejected.
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Orestis Sherman, Orthodoxy reasserted: tempering the support for the remedial constructive trust, Trusts and Trustees, https://doi.org/10.1093/tandt/tty146. Published: 29 August 2018.
First posted 2018-09-02 09:04:10
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