purchase money resulting trust
purchase money resulting trust 价款归覆信托 通常指出卖人依照付款人的指示，将标的物交付给第三人，则第三人被认为是付款人的受托人。
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Search Results for: resulting trust
purchase money resulting trust
A resulting trust that arises when one person buys property but directs the seller to transfer the property and its title to another. • Although a purchase-money resulting trust is properly understood as a court-imposed equitable remedy rather than as a true trust, the buyer is occasionally referred to as the “beneficiary” and the titleholder
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resulting trust
resulting trust 归覆信托 指当财产转让的情形表明让与人并没有使受让人从财产受益的意图时，法律就将其规定为信托。它是一种默示信托〔implied trust〕。(→constructive trust; presumptive trust)
resulting trust
A remedy imposed by equity when property is transferred under circumstances suggesting that the transferor did not intend for the transferee to have the beneficial interest in the property. — Also termed implied trust; presumptive trust. Cf. constructive trust. [Cases: Trusts 62–90. C.J.S. Trover and Conversion §§ 10–11, 128–142, 144–173.]
presumptive trust
presumptive trust (普通法)推定信托 根据事务的性质所体现的当事人意志并适用法律而产生的信托，不同于(衡平法)推定信托〔constructive trust〕。 (=resulting trust)
honorary trust
A noncharitable trust that is of doubtful validity because it lacks a beneficiary capable of enforcing the trust. • Examples include trusts for the care and support of specific animals, or for the care of certain graves. The modern trend is to recognize the validity of such trusts, if the trustee is willing to accept
personal residence trust
An irrevocable trust to which the settlor transfers ownership of his or her personal residence while retaining the right to live there for a specified term of years. • The trust cannot hold any assets other than the residence and proceeds resulting from damage to or destruction of the residence. Cf. qualified personal-residence trust.
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express trust
A trust created with the settlor’s express intent, usu. declared in writing; an ordinary trust as opposed to a resulting trust or a constructive trust. — Also termed direct trust; declared trust. [Cases: Trusts 1–61.5. C.J.S. Conflict of Laws §§ 73, 85; Trover and Conversion §§ 1–9, 14–127, 143.]
involuntary trust
involuntary trust 非自愿信托 由于法律赋予某些交易以类似于信托的效果而产生的一种默示的信托。如代理人违反忠实义务，在本应为本人利益购买某物时却以自己的名义购买，此时即构成推定信托〔constructive trust〕；又如甲出资由乙购买某物，言明该物虽系以乙的名义购得，但应归甲所有，此时构成归覆信托〔resulting trust〕。 (→constructive trust; resulting trust)
Medicaid qualifying trust
A trust that is deemed to have been created in an effort to reduce someone’s assets so that the person may qualify for Medicaid, and that will be included as an asset for purposes of determining the person’s eligibility. • Someone who wants to apply and qualify for Medicaid, but who has too many assets
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