Research On The Application Of Constructive Trust

Constructive trust is one of very important tool in reaching justice on equity, When the facts of a case and the justice need a trust to be created,but there is no existing type of trusts could be applied,the court creates constructive trust.The constructive trusts is a tool of moral colors.The Anglo-American legal system has developed constructive trust through lots of cases in the history.The scope of its application has broaden,from the family proporty in tradition to the modern commercial area.This thesis is researching on the application of constructive trust by case method,major in its nature,the basic and material scope of its application.So as to making devotion to the introduction of constructive trust into Chinese law.The first part of the thesis is about the history of constructive trust and characteristic of the application,also compare the institution nature with the remedy. the second part of the thesis mainly talks about the material scope of its application,in the home property,the commercial area and the criminal cases.The third part deals with the difference between constructive trust and real right system, unjustified enrichment in civil law system,the conclusion is that constructive trust and unjustified enrichment have substantive similarity.The last part is about the signification of the introduction of constructive trust.In conclusion,the constructive trust can make up the insufficiency of compensation for injury,consummate the legal system correlatively.