Trusts: Modern Taxonomy And Autonomy
Trust Law International, 2021 forthcoming
21 Pages Posted: 18 Mar 2021
Date Written: March 17, 2021
It is unfortunate that judges and commentators do not all agree on what express, resulting, and constructive trusts are. This paper develops a vigorous taxonomy of these trusts by identifying the key distinctive event(s) which trigger(s) each type of trust, which establishes their respective conceptual space. Thus, express trusts respond to a unilateral, proper manifestation of positive intention to create a trust; resulting trusts respond to a unilateral, negative intention; and while constructive trusts do not bear a unitary definition, they occupy a unique conceptual space, with different groups of constructive trusts responding to events which differ from those to which express and resulting trusts respond. The paper then reflects on one significant advantage of the proposed taxonomy — that it allows us to understand and appreciate trusts law as comprehensively autonomy-enhancing.
Keywords: Trusts; Taxonomy; Autonomy
JEL Classification: K1, K10, K11, K19
Suggested Citation: Suggested Citation