The Study Of Anglo-american Law Presumption Of Trust

Constructive trust in common law system has been relatively mature in legalbasis. In Anglo-American law, judges think that the constructive trust is based on theprinciple of justice, in case of no suitable type of trust to judge under the condition ofthe application of a kind of trust. The application of constructive trust in common lawprecedent,has been made it become a system that adjust common law propertyrelations. Although China has promulgated the trust law, but it did not play its duerole in the adjustment of property relations.In order to make up the defect of the trustsystem in China, this paper quoted the constructive trust in Anglo-American lawsystem, hoping that can play a positive role in promoting the development of our trustsystem.The first part of this paper introduces the origin, development, nature, conceptand characteristics, legal basis of constructive trust, through the comparison ofconstructive trust system and similar systems, for example the unjust enrichment,bona fide gains, further introduces the related system of the constructive trust.. Thesecond part analyzes several applied situation the constructive trust.The third partdescribes the trust system of the status quo in China, cited similar constructive trustcase in the judicial practice, and made the analysis on the basis of the introduction ofconstructive trust system, proposed suitable method for the transplantationconstructive trust system to our courtry.