Are Constructive Trusts Institutional or Remedial?
Constructive Trusts and Proprietary Estoppel ⇒ While a Constructive Trust Is Institutional Rather Than Remedial, Estoppel May Be Remedial. ⇒ Proprietary...
Are constructive trusts remedial?
A remedial constructive trust, as I understand it, is different. It is a judicial remedy giving rise to an enforceable equitable obligation: the extent to which it operates retrospectively to the prejudice of third parties lies in the discretion of the court.
What is a institutional constructive trust?
An institutional constructive trust is one that arises by operation of the principles of equity and whose existence the Court simply recognises in a declaratory way. ... A remedial constructive trust is one imposed by the Court as a remedy in circumstances where, before the order of the Court, no trust of any kind existed.
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