Section 53: Constructive trust
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
53. Constructive trust
(1) A person holding any fiduciary obligations who—
(a) derives a profit from a breach of his fiduciary duties; or
(b) obtains property as a result of such a breach,
shall be deemed to be a trustee of the profit or property for the person to
whom the duties are owed.
(2) A trustee who—
(a) derives a profit from a breach of trust; or
[Issue 1] T22 – 26
Revised Laws of Mauritius
(b) obtains property as a result of such a breach,
shall be deemed to be a trustee of the profit or property for the beneficiary
of the trust.
(3) Without prejudice to any other remedy provided by law, the person
referred to in subsection (1) to whom fiduciary duty is owed, or the beneficiary referred to in subsection (2), may apply to the Court for an order that the
profit or property obtained from the breach of fiduciary duties or of trust be
traced and recovered to him.
(4) A person shall not be liable for breach of trust or of fiduciary duty
under this section where he established that the profit or property was obtained in good faith.
(5) This section does not exclude any other circumstances in which a
constructive trust may arise.
[S. 53 repealed and replaced by s. 88 (3) of Act 5 of 2002 w.e.f. 1 April 2002.]