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Synopsis
Constructive trusts are difficult to grasp. This is true for the common lawyer, and even more so for lawyers from other legal traditions. To the civil lawyer, English constructive trusts look systematically amorphous, heterogeneous, and indefinable. This may be one reason why civil jurisdictions that have trust law rarely choose to transplant the constructive trust, although there seems little profound critical analysis has been offered for this refusal. Here we see an epistemological gap between constructive trusts and the civil lawyer. However, once civil lawyers understand when constructive trusts arise and the functions they perform, they soon realise that it is the systematic deployment and legal terminology that differ between the two systems. That being said, in a structured code-based and concept-based system, the difference with respect to these two factors significantly obstruct civil lawyers from properly approaching the institution of constructive trust. From an epistemological perspective, civil lawyers should: (1) abandon their systematic deployment and legal terminology surrounding each type of constructive trust under English law, (2) seek for civilian answers or responses to each factual situation in which a constructive trust arises, and (3) examine the functional differences between the two systems. Apart from such micro-analysis where individual cases are analysed, a macro-analysis that focuses on wider issues (i.e., taxonomy, the numerus clausus rule, the nature of the beneficiary’s right, etc.) is also called for in order to grasp the whole picture of the institution of constructive trust. Both these micro and macro-analyses are required in order to see each constructive trust tree as well as the forest of constructive trusts as an institution. Neglecting these tasks very probably results in the disconnection of dialogue between constructive trusts and the civil lawyer. It is to the bridging of this epistemological gap to which this work is devoted.
Speaker
Wu Ying Chieh
Assistant Professor of Law
Singapore Management University
Chair
Tham Chee Ho
Associate Professor of Law
Singapore Management University
Event Details
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Date:
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30 November 2017 (Thursday)
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Time:
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3.30pm to 4.45pm
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Venue:
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Singapore Management University
School of Law
55 Armenian Street
Level 5, SOL-5.04-MR
Singapore 179943
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Registration
This is an invitation-only event. Admission is free and by registration only. Please register by Thursday, 23 November 2017.
We look forward to seeing you at the event.
With warm wishes
School of Law
Singapore Management University
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