| 释义 |
推定
Inferred as a matter of law irrespective of the actual intentions of the parties. For example, constructive notice is notice attributed to a person where there was no actual notice, but the circumstances were such that the person should have had knowledge. A constructive trust is a trust imposed on the parties where it would be inequitable for the constructive trustee to assert beneficial ownership of the property, even though the parties did not intend to create a trust. See also Constructive malice; Constructive notice; Constructive trust.
不論各方的實際意圖、只根據法律規定所推斷。例子如下：推定的通知指在無實際通知、但在該情況下某人應已知悉的情況下，被歸屬於某人的通知；法律構定信托指即使各方並無打算設立任何信托，但如法律構定的信托人對該財產的實益擁有權的堅持乃不公平，則此信托會被強加於各方。另見 Constructive malice; Constructive notice; Constructive trust。 adj. |