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Title:	Framework of guiding principles for constructive trusts for unauthorised gain in business transactions in Malaysia
Authors:	Harmahinder Singh Iqbal Singh (P90292)
Supervisor:	Safinaz Mohd Hussein, Prof Madya Dr.
Keywords:	Trusts and trustees Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia
Issue Date:	17-Aug-2020
Description:	In Malaysia, the doctrine of constructive trusts has been used as a remedial device. However, the Malaysian courts have not been clear with the parameters of the exercise of judicial discretion when imposing a remedial constructive trust. The judicial discretion has been applied using different justifications and theoretical bases, resulting in confusion with institutional constructive trusts, disadvantaging third party creditors in circumstances of the defendant's bankruptcy when the claimant takes priority for an interest in the property and preventing a fair and equitable administration of justice. There has not been any attempt to thoroughly research and reconcile these principles in Malaysia which have, from time to time, simply been adopted from the law of other jurisdictions, hence, leaving the law in a confused state. The aim of this research is to recommend the best constructive trust approach and ensuing framework of guiding principles that should be adopted by the courts. This research adopts a qualitative legal research approach. Fieldwork for data collection has been conducted in the form of extensive library and database searches for primary sources, which are case laws and legislations from the various other jurisdictions analysed and secondary sources which include, journal articles, books and written commentaries on the case law and legislation. The fieldwork also includes interviews of selected experienced judges and lawyers to validate the findings based on the objectives of the research. The method of data analysis used is the critical analysis method focusing on doctrinal, content and a comparative analysis of the law. The findings of this research are that there are six main elements that form the foundational and conceptual bases of a constructive trust. These form the foundations for a framework of guiding principles made up of a sequence of questions that need to be answered for constructive trust liability. The significance of the research is to reconcile the law and views of academics to establish a framework of guiding principles for the judges and lawyers to use for the application of constructive trust in these situations which will result in a clear, flexible and coherent approach to constructive trusts.,Ph.D.
Pages:	309
Call Number:	C87.HAR 2020 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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