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

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