AZNAR BROTHERS V. AYING- Resulting and Constructive Trusts

: Category: Land Titles And Deeds; 30 July 2010; Hits: 4923

AZNAR BROTHERS V. AYING

MAY 16, 2005

> If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes

> Implied trusts are those which, without being expressed, are deducible from the nature of the transaction as matters of intent or which are superinduced on the transaction by operation of law as matters of equity, independently of the particular intention of the parties

> Implied trusts may be resulting or constructive

RESULTING TRUSTS

CONSTRUCTIVE TRUSTS

Based on the equitable doctrine that
valuable consideration and not legal
title determines the equitable title
or interest and is presumed always
to have been contemplated by the
parties

They arise from the nature of
circumstances of the consideration
involved in a transaction whereby
one person thereby becomes
invested with legal title but is
obligated in equity to hold his legal
title in favor of another.

Created by the construction of
equity in order to satisfy the
demands of justice and prevent
unjust enrichment

They arise contrary to intention
against one who, by fraud, duress,
or abuse of confidence, obtains or
holds the legal right to property
which he ought not, in equity and
good conscience to hold