Singapore: Remedialism and Remedial Constructive Trust

Publication Type

Journal Article

Publication Date

1-2014

Abstract

Unlike English law, Singapore has always been receptive to the remedial constructive trust. The first part of the article unpacks the concept of ‘remedialism’ within constructive trusts under Singapore law. It argues that the institutional and remedial dichotomy is only one way to understand ‘remedialism’ within constructive trusts; some institutional constructive trusts in fact display strong ‘remedial’ attributes. The second and third parts of the article, which form its principal focus, examine Singapore’s model of remedial constructive trust (as opposed to an institutional constructive trust) as established in three recent decisions. The discussion highlights that the Singapore remedial constructive trust is uncertain in both scope and operation.

Discipline

Asian Studies | Commercial Law

Publication

Trusts and Trustees

Volume

20

Issue

4

First Page

373

Last Page

382

ISSN

1363-1780

Identifier

10.1093/tandt/ttu014

Publisher

Oxford University Press

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