Australian (ASX) Stock Market Forum

Do we really own our shares?

That is simply not true.

A telling assertion.

I can safely assert based on the responses here that many simply don't comprehend law and trust law or how it is used today esp wrt property, even with vast resources of information around us.
 
A telling assertion.

I can safely assert based on the responses here that many simply don't comprehend law and trust law or how it is used today esp wrt property, even with vast resources of information around us.

Oh well, I guess 3 years getting a law degree and 7 years working in IB dealing with, amongst other things, company law, trusts, taxation etc on a day to day basis was just a waste. Back to school for me.:rolleyes:

Given trust law doesn't exist outside common law jurisdictions, can you explain how, in say Europe, things work?
 
Oh well, I guess 3 years getting a law degree and 7 years working in IB dealing with, amongst other things, company law, trusts, taxation etc on a day to day basis was just a waste. Back to school for me.:rolleyes:

Given trust law doesn't exist outside common law jurisdictions, can you explain how, in say Europe, things work?

Are you suggesting there's nothing left to learn?

Under civil law in Europe, some countries have/are implementing trust law but I doubt it's close to what we see in the common law countries, since we're not in Europe is this a core relevancy to trust law here?
 
Are you suggesting there's nothing left to learn?

No, I'm suggesting that it's not likely that a core principle of the legal system has changed since I left university. Please though, educate me.

Your assertion that because a country enforces laws on what you can and can't do with an asset means you have transfered legal title and somehow set up a trust relationship (with who I have no idea) is laughable.
 
No, I'm suggesting that it's not likely that a core principle of the legal system has changed since I left university. Please though, educate me.

Your assertion that because a country enforces laws on what you can and can't do with an asset means you have transfered legal title and somehow set up a trust relationship (with who I have no idea) is laughable.

Does an inquiring mind need to be taught by others?

Do you believe a trust will always be sent to you for signoff as perhaps you were taught? Break a statute and end up in court - a constructive trust is used - does someone send you a document asking you to be trustee for the constructive trust? No. But it's operating by presumption and the defendant is always the trustee.

With AU$10k in notes sitting in front of you, do you have both legal and equitable title? Perhaps, Or maybe not?
 
Does an inquiring mind need to be taught by others?

Do you believe a trust will always be sent to you for signoff as perhaps you were taught? Break a statute and end up in court - a constructive trust is used - does someone send you a document asking you to be trustee for the constructive trust? No. But it's operating by presumption and the defendant is always the trustee.

With AU$10k in notes sitting in front of you, do you have both legal and equitable title? Perhaps, Or maybe not?

Bizarre.
 
The standard response when reaching the limits of teachings perhaps?

Nup. The standard response when I see someone making things up about something they clearly don't understand. If you understood what a constructive trust was, you'd realise why what you wrote is completely off the mark (hint: it's an equitable remedy).

Next time you're getting your car registered ask the motor registry who has legal title. The answer will shock you.
 
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