%0 Journal Article
%T Understanding the Nature of the Presumption of Resulting Trusts
%A Xueping Chen
%J Open Access Library Journal
%V 1
%N 5
%P 1-16
%@ 2333-9721
%D 2014
%I Open Access Library
%R 10.4236/oalib.1100593
%X The nature of the presumption of a resulting trust has generated a
controversy, which has created two schools of thoughts. Both schools of
thoughts claim that resulting trusts give effect to the presumed intention,
positive or negative. But in this paper, I take on a quite different view of
point that whether a lack of intent to benefit or a positive intent to create a
trust is not related with the presumption of the resulting trusts, which, I
believe, will make it interesting to general readers. Further, this paper
thinks the presumption of a resulting trust as circumstances or facts based on presumption,
legal presumption and thinks that it can be rebutted by evidential
circumstances, which are helpful to ascertain the grounds for imposing a
resulting trust. In a word, exploring the nature of the presumption of
resulting trusts will aid in the understanding the grounds upon which a
resulting trust is imposed. This article proceeds under four parts: the role of
intention in the presumption of the resulting trusts; the circumstances or
facts based on presumption; a legal presumption; rebutting by evidential
circumstances.
%K Presumption
%K Resulting Trusts
%K Intention
%K Evidential Circumstances
%U http://www.oalib.com/paper/3065195