- Statute
- Civil Code
- Article
- Art. 1448
- Topic
- Implied Trusts
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE V TRUSTS
- Chapter
- CHAPTER 3 Implied Trusts
- Year
- 1949
The provision
There is an implied trust when property is sold, and the legal estate is granted to one party but the price is paid by another for the purpose of having the beneficial interest of the property. The former is the trustee, while the latter is the beneficiary. However, if the person to whom the title is conveyed is a child, legitimate or illegitimate, of the one paying the price of the sale, no trust is implied by law, it being disputably presumed that there is a gift in favor of the child.
Cases applying this article
- Rodolfo Morales v. Court of Appeals (Former Seventeenth Division) G.R. No. 117228
- Spouses Ruth Dizon Devisfruto v. Maxima L. Greenfell G.R. No. 227725
- Salvador Comilang v. Francisco Burcena G.R. No. 146853
- Felomina Abellana v. Spouses Romeo Ponce G.R. No. 160488
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