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Prescriptive Fiduciary Duties
Smith, Lionel - 2020
It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions, and never prescriptive, requiring positive action. I argue that this is a misunderstanding. The argument begins by attempting to explain how this orthodoxy arose, and then by...
Persistent link: https://www.econbiz.de/10012849654
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Massively Discretionary Trusts
Smith, Lionel - 2019
series of legal risks. These include the possibility that the trust property is held on resulting trust from the moment of … the trust's constitution and the possibility that the beneficiaries can collapse the trust and take the trust property …
Persistent link: https://www.econbiz.de/10012902156
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Trust Principles Overlooked
Palmer, Jessica - 2019
Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority … whenever there is a competition between the trust and a claim that the trust property otherwise falls within the pool of … relationship assets available for division. Nevertheless, there appears to be some confusion over the boundaries of the Property …
Persistent link: https://www.econbiz.de/10012890030
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The Constructive Trust and the Recovery of Advance Payments
Scott, Struan - 2019
This article considers the interface between personal rights and proprietary rights. It critically examines a number of cases and academic writings that consider whether a mistaken payment should result in a personal right of recovery only (ie ability to sue the recipient) or justify the court...
Persistent link: https://www.econbiz.de/10012894226
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Judicial Review of Charitable Trusts
Rodriguez Ferrere, M. B. - 2019
Property Trustees and the worrying effects of this decision upon New Zealand law. The paper concludes that, in holding that …
Persistent link: https://www.econbiz.de/10012897317
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Land Trusts that Conserve Communities
Kelly, Jr., James J. - 2016
Persistent link: https://www.econbiz.de/10013009184
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The Revolution and Legacy of the Discretionary Trust
Palmer, Jessica - 2018
The requirement of object certainty in express trusts underwent significant reform in the heady days of the late 1960s and early 1970s. This article argues that those changes have had important implications not only for the theoretical conception of the trust, but also for the modern practice of...
Persistent link: https://www.econbiz.de/10012925582
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'So How Should I Presume' : Loan, Resulting Trust, or Discharge of a Prior Obligation?
Mee, John - 2020
What does the law presume when it is proven simply that one person has made a payment of money to another? Surprisingly, there are three candidate answers to this question. First, a number of nineteenth-century authorities hold that ‘when money is paid by one man to another the legal...
Persistent link: https://www.econbiz.de/10012849521
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Trusts of the Family Home : The Irish Experience
Mee, John - 2021
The problem of the beneficial ownership of the family home has troubled courts throughout the common law world. It has … systems there was no statutory power to adjust property entitlements in the event of marital breakdown. Their theoretical …
Persistent link: https://www.econbiz.de/10013245936
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Dimensions of Fiduciary Loyalty
Miller, Paul B. - 2018
This essay discusses the concept of loyalty in fiduciary law. It contrasts fiduciary loyalty with moral conceptions of loyalty, and argues that the distinctiveness of fiduciary loyalty is best appreciated in light of characteristic features of fiduciary relationships. The essay establishes the...
Persistent link: https://www.econbiz.de/10014126546