constructive trust

constructive trust
constructive trust see trust

Merriam-Webster’s Dictionary of Law. . 1996.

constructive trust
a trust imposed by operation of law rather than by the expression of the parties.

Collins dictionary of law. . 2001.


constructive trust
A relationship that arises when someone has wrongfully obtained title to or possession of assets and has a legal duty to deliver them to the rightful owner.Unlike other common trusts, a constructive trust is a temporary measure ordered by a court to correct a wrong.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

constructive trust
A type of trust which arises through operation of law, regardless of the intentions of the parties. Equity will often find such a trust to exist to prevent unjust enrichment, or where it would be unconscionable to allow a legal owner to retain beneficial ownership of property.
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


constructive trust
A relationship by which a person who has obtained title to property has an equitable duty to transfer it to another, to whom it rightfully belongs, on the basis that the acquisition or retention of it is wrongful and would unjustly enrich the person if he or she were allowed to retain it.

Dictionary from West's Encyclopedia of American Law. 2005.


constructive trust
A relationship by which a person who has obtained title to property has an equitable duty to transfer it to another, to whom it rightfully belongs, on the basis that the acquisi tion or retention of it is wrongful and would unjustly enrich the person if he or she were allowed to retain it.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

constructive trust
n.
   when a person has title to property and/or takes possession of it under circumstances in which he/she is holding it for another, even though there is no formal trust document or agreement. The court may determine that the holder of the title holds it as constructive trustee for the benefit of the intended owner. This may occur through fraud, breach of faith, ignorance or inadvertence.
   See also: constructive, trust

Law dictionary. . 2013.

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Look at other dictionaries:

  • constructive trust — ➔ trust * * * constructive trust UK US noun [C] ► LAW a type of trust (= a legal arrangement in which somebody is given control over another person s money or property) that is set up according to the rules of equity (= a system of law that… …   Financial and business terms

  • Constructive trust — Constructive Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from,… …   The Collaborative International Dictionary of English

  • Constructive trust — Wills, trusts and estates …   Wikipedia

  • constructive trust ex delicto — A constructive trust which is imposed on property which a fiduciary has claimed or received in violation of his duties …   Black's law dictionary

  • constructive trust ex delicto — A constructive trust which is imposed on property which a fiduciary has claimed or received in violation of his duties …   Black's law dictionary

  • constructive trust — noun 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 • Syn: ↑involuntary trust • Hypernyms: ↑implied trust * * * noun : a trust set up by a court to deal with …   Useful english dictionary

  • constructive trust — A trust by operation of law which arises contrary to intention and against the will, declared against one who, by fraud, actual or constructive, by duress or abuse of confidence, by commission of wrong, or by any form of unconscionable conduct,… …   Ballentine's law dictionary

  • constructive trust — noun A trust created by operation of law where one party takes physical possession of property, but is legally required to use that property for the benefit of another party, in the absence of a written agreement …   Wiktionary

  • Constructive trusts in English law — are a form of trust created by the courts primarily where the defendant has dealt with property in an unconscionable manner , but also in other circumstances; the property will be held in constructive trust for the harmed party, obliging the… …   Wikipedia

  • trust — n 1 a: a fiduciary relationship in which one party holds legal title to another s property for the benefit of a party who holds equitable title to the property b: an entity resulting from the establishment of such a relationship see also… …   Law dictionary

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