Constructive trust - sustany/dvg GitHub Wiki

A constructive trust is�not�an actual�trust�by the traditional definition but a trust created through a court�s power, over assets they determine a party cannot equitably keep.�It is a legal fiction that is used as a�remedy�for�unjust enrichment. Hence, there is no�trustee, but the constructive trust orders the person who would otherwise be unjustly enriched to transfer the property to the intended party.�

No formula exists to determine when conduct justifies the creation of a constructive trust; although common themes include stolen property, property obtained through fraudulent means, or property mistakenly delivered to the wrong party. Additionally, a constructive trust will not be created if another adequate remedy exists in�law.�