Budget Amount *help |
¥2,080,000 (Direct Cost: ¥1,600,000、Indirect Cost: ¥480,000)
Fiscal Year 2010: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2009: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2008: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000)
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Research Abstract |
Under the theory of constructive trust, American courts award the plaintiff with specific recovery of her property which prevails over the claims of other creditors of the defendant, even when the parties have not been intended to create an express trust. But plaintiffs sometimes face difficulty in obtaining this remedy in actual cases. This research focuses on an article discussing problems with notice of lis pendens and constructive trust in California, and examines how California courts deny notice of lis pendens for constructive trust cases and the constructive trust theory does not actually operate as a remedy with priority.
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