amAnate mAlekAne

Persian (Farsi) translation: implied trust / resulting trust

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:amAnate mAlekAne
Persian (Farsi) translation:implied trust / resulting trust
Entered by: Hamid Sadeghieh

12:55 Mar 27, 2005
English to Persian (Farsi) translations [PRO]
Law/Patents - Law: Contract(s) / law and trusts
English term or phrase: amAnate mAlekAne
A kind of trust or custody which entails the agreement between the owner and the trustee of the property.
Morteza Mollanazar
Iran
Local time: 02:28
implied trust / resulting trust
Explanation:
An implied trust ... is created where some of the legal requirements for an express trust are not met, but an intention on behalf of the parties to create a trust can be presumed to exist. A resulting trust may be deemed to be present where a trust instrument is not properly drafted and a portion of the equitable title has not been provided for. In such a case, the law may raise a resulting trust for the benefit of the grantor (the creator of the trust). In other words, the grantor may be deemed to be a beneficiary of the portion of the equitable title that was not properly provided for in the trust document.

A resulting trust is the form of implied trust which occurs where a trust fails, wholly or in part, as a result of which the settlor becomes entitled to the assets.
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Hamid Sadeghieh
Iran
Local time: 02:28
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4implied trust / resulting trust
Hamid Sadeghieh


Discussion entries: 4





  

Answers


573 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
amanate malekane
implied trust / resulting trust


Explanation:
An implied trust ... is created where some of the legal requirements for an express trust are not met, but an intention on behalf of the parties to create a trust can be presumed to exist. A resulting trust may be deemed to be present where a trust instrument is not properly drafted and a portion of the equitable title has not been provided for. In such a case, the law may raise a resulting trust for the benefit of the grantor (the creator of the trust). In other words, the grantor may be deemed to be a beneficiary of the portion of the equitable title that was not properly provided for in the trust document.

A resulting trust is the form of implied trust which occurs where a trust fails, wholly or in part, as a result of which the settlor becomes entitled to the assets.


    Reference: http://en.wikipedia.org/wiki/Trust_(property)
Hamid Sadeghieh
Iran
Local time: 02:28
Works in field
Native speaker of: Native in Persian (Farsi)Persian (Farsi)
PRO pts in category: 4
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