The Principle of Resulting Trust under the English and Sudanese Legislations: A Comparative Study
restoring the title of real property by reviewing the legal principles and jurisprudence of Anglo-Saxon system, for which English law is basis. The problem of this study focused on the nominal registration of a property in the name of a person, the legal system recognizes the ownership of the person whose name appears as registered owner of the real estate. Not surprisingly, the real estate registry record is considered an inclusive evidence for what it includes, and it is not permissible for all challenge it except through forgery, while the same idea does not resolve the identity of the owner. This paper attempts to clarify the idea of the resulting trust, as a means of balancing two opposing interests, namely; the interest of the legal and registered owner and the interest of the unregistered owner in proving his entitlement to ownership, and in order to eliminate the conflict between these interests The paper follows the analytical and descriptive methodology, in order to identify the legal bases and principles and the different approaches, and to explain its method in dealing with the problem of research. In the second part, this paper discusses the disputes that related to the nominal registration of real property in Sudanese law, by reviewing the judicial tendency of the national courts since the 1840s, in order to demonstrate the extent to which they benefit from the doctrine of resulting trust, which was produced or innovated by the English case law, as a mean to achieve unmatched justice in other legal systems, particularly in cases where a dispute arises between members of the same family. On the other hand, this paper discussed the approach of the Sudanese law and its conformity with the principle of resulting trust as a tool of justice transcending the real estate registry records, which would lead to the release of the judiciary's hand in changing the land registry in harmony with real intent of the original owner. Keywords: Real Property, resulting Trust doctrine, implied trust, express trust, constructive trust, English Law, Sudanese Law, Restrictions on the Application of resulting trust and proprietary estoppel
"The Principle of Resulting Trust under the English and Sudanese Legislations: A Comparative Study,"
UAEU Law Journal: Vol. 2020:
83, Article 4.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2020/iss83/4