A GJ Advances article.

Abstract

Recent debates have brought into focus latent disagreements about the correct understanding of the trust relationship. These disagreements have significant practical consequences for the analysis of the legal position of third parties who receive trust property transferred in breach of trust. This paper attempts to understand and evaluate competing juristic analyses of property transferred in breach of trust. It proceeds by examining the different conceptual structures employed in legal discourse for deciding when and whether third parties may be affected by a pre-existing legal relationship. It then examines how these conceptual structures have been used in relation to trusts and other relationships within the jurisdiction of the Chancery courts. The conclusion is that a modern understanding of trust law requires us to update the language and conceptual structures used in understanding how third parties are affected by trusts.

Originally published in Global Jurist Advances.

Recommended Citation

Smith, Lionel (2001) "Property Transferred in Breach of Trust," Global Jurist Advances: Vol. 1 : Iss. 1, Article 3.
Available at: http://www.bepress.com/gj/advances/vol1/iss1/art3