Robert Chambers
- Published in print:
- 1997
- Published Online:
- March 2012
- ISBN:
- 9780198764441
- eISBN:
- 9780191695254
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198764441.003.0002
- Subject:
- Law, Law of Obligations
The presumptions of resulting trust and advancement are discussed in this chapter. The chapter is concerned with the conventional category of trusts which came about in favour of people who either ...
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The presumptions of resulting trust and advancement are discussed in this chapter. The chapter is concerned with the conventional category of trusts which came about in favour of people who either gratuitously transfer property to others or provide the consideration for the transfer of property to others. This chapter identifies the facts which gave rise to the presumptions of the resulting trust or advancement, i.e the primary facts which must exist before the court will infer certain secondary facts regarding intention. It also examines the secondary facts being inferred, i.e. what the court is presuming when either of the two presumptions is applied. Further, the principles of resulting trusts, i.e. how the resulting trusts respond to the facts proven and presumed, are also investigated.Less
The presumptions of resulting trust and advancement are discussed in this chapter. The chapter is concerned with the conventional category of trusts which came about in favour of people who either gratuitously transfer property to others or provide the consideration for the transfer of property to others. This chapter identifies the facts which gave rise to the presumptions of the resulting trust or advancement, i.e the primary facts which must exist before the court will infer certain secondary facts regarding intention. It also examines the secondary facts being inferred, i.e. what the court is presuming when either of the two presumptions is applied. Further, the principles of resulting trusts, i.e. how the resulting trusts respond to the facts proven and presumed, are also investigated.
Jeffrey Shulman
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780300191899
- eISBN:
- 9780300206746
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300191899.001.0001
- Subject:
- Law, Family Law
It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in ...
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It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in our legal traditions is the idea that the state entrusts parents with custody of the child, and the concomitant rule that the state does so only as long as parents meet their legal duty to take proper care of the child. This book looks at four related areas of the law: parental custody, state regulation of education, religion and parental rights, and nonparental third party rights. In each it is argued that, historically, the authority of the parent has been treated as a sacred trust, a delegation of state power made on the presumption that it will be employed to promote the eventual enfranchisement of the child; that the emergence of a rights orientation has threatened to uncouple the traditional linkage of rights and responsibilities, subordinating the best interests of the child and the legitimate needs of the state to parental preferences; and that a renewed reliance on the trust model of parentchild relations would better serve both the developing personhood of the child and the civil society to which he or she belongs. In each area of the law, we face the same historical reality: It is the rights orientation that breaks with deeply rooted legal traditions and cultural values, rejecting time-honored trust principles of family law meant to protect both private and public interests.Less
It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in our legal traditions is the idea that the state entrusts parents with custody of the child, and the concomitant rule that the state does so only as long as parents meet their legal duty to take proper care of the child. This book looks at four related areas of the law: parental custody, state regulation of education, religion and parental rights, and nonparental third party rights. In each it is argued that, historically, the authority of the parent has been treated as a sacred trust, a delegation of state power made on the presumption that it will be employed to promote the eventual enfranchisement of the child; that the emergence of a rights orientation has threatened to uncouple the traditional linkage of rights and responsibilities, subordinating the best interests of the child and the legitimate needs of the state to parental preferences; and that a renewed reliance on the trust model of parentchild relations would better serve both the developing personhood of the child and the civil society to which he or she belongs. In each area of the law, we face the same historical reality: It is the rights orientation that breaks with deeply rooted legal traditions and cultural values, rejecting time-honored trust principles of family law meant to protect both private and public interests.
C. H. Alexandrowicz
- Published in print:
- 2017
- Published Online:
- May 2017
- ISBN:
- 9780198766070
- eISBN:
- 9780191820649
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198766070.003.0023
- Subject:
- Law, Public International Law, Legal History
This chapter examines the principle of the sacred trust of civilization in nineteenth-century international law. The establishment of the principle of the sacred trust of civilization is strictly ...
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This chapter examines the principle of the sacred trust of civilization in nineteenth-century international law. The establishment of the principle of the sacred trust of civilization is strictly connected with the transfer by the African communities of their territory, their sovereignty, and their destiny to the European Powers, which, through the relevant transactions, assumed the role of guardians of these communities. The chapter looks at the International Court of Justice’s decision in the second phase of the South West Africa Cases (Ethiopia v. South Africa and Liberia v. South Africa) on 18 July 1966. It also considers participation by the United States in the Berlin Conference of 1884–1885. Such an examination enables a critical discussion of the restrictive view expressed by the International Court of Justice to the effect that the mandate system is the sole juridical expression of the principle.Less
This chapter examines the principle of the sacred trust of civilization in nineteenth-century international law. The establishment of the principle of the sacred trust of civilization is strictly connected with the transfer by the African communities of their territory, their sovereignty, and their destiny to the European Powers, which, through the relevant transactions, assumed the role of guardians of these communities. The chapter looks at the International Court of Justice’s decision in the second phase of the South West Africa Cases (Ethiopia v. South Africa and Liberia v. South Africa) on 18 July 1966. It also considers participation by the United States in the Berlin Conference of 1884–1885. Such an examination enables a critical discussion of the restrictive view expressed by the International Court of Justice to the effect that the mandate system is the sole juridical expression of the principle.
