| Constructive trust is the creation of equity law in Anglo-American legal system. When the facts of a particular case and the doctrine of equity justify a trust to be created, whereas there is no existing type of trusts could be applied, the equity court creates constructive trust. The Anglo-American legal system has developed constructive trust through huge amount of cases, making it an important device for regulating property relationships between parties. Although China has promulgated our own trust law, this law only provides for express trust, excluding constructive trust, thus the trust law of our country has only played a limited role in regulating property relationships. This thesis is researching on the application of constructive trust in English law on a case by case method, with a view to making devotion to the introduction of constructive trust into Chinese law.The first part of the thesis is about the establishment of constructive trust and the difference between constructive trust and express trust, the second part of the thesis mainly talks about two different perspectives on the nature of constructive trust and the comparison of these two perspectives. The third part deals with the legal basis of constructive trust, including the rationale, applicable situations and result of application. The fourth part elaborate on several situations when a constructive trust is declared and applied, these situations includes fiduciary relationship, stranger of a fiduciary relationship, common wills, distribution of property interests of cohabitants in a family, as well as the comparison among constructive trust , resulting trust and proprietary estopple. The fifth part reviews current law of China, and makes an analysis between the relationship of divided title and"one property, one title", finally concludes that these two doctrine are not in conflict, and constructive trust may better improve the function of trust law by balancing between the interests of trustee and beneficiary. |
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