Other Free Encyclopedias :: Law Library - American Law and Legal Information :: American Law Encyclopedia Vol 3 :: Constructive Trust - Mistake, Undue Influence, Or Duress, Fraudulent Misrepresentation Or Concealment, Property Obtained By Homicide

Constructive Trust - Product Of Theft

The remedy of constructive trust applies to PERSONAL PROPERTY that is stolen or misappropriated and used to purchase other property in the name of the perpetrator. A constructive trust in favor of the aggrieved party can be imposed on such property, so long as it remains in the hands of the wrongdoer or any person to whom the wrongdoer transfers it who is not a bona fide purchaser. In order to facilitate the unimpeded flow of commercial transactions, bona fide purchasers are not subject to the application of a constructive trust.

User Comments Add a comment…