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was the grantor's title on a trust after the conveyance which the grantees failed to register, and were the creditors subject to that trust? this question was considered by the court under scottish [or is it scotch] law, and, as best i understand the language, it was held that the trust argument was unavailable

the only connection between this case and unjust enrichment comes from one of the opinions. his lordship, disliking the result as unjust, accordingly finds that the creditors' win is an unjust enrichment. such a conception could expand our field considerably

only regrettable legislative processes can generate a registration statute so inexplicit about the consequences, vis-a-vis creditors, of non-registration as to license common law talk from the bench about trust or unjust enrichment or whatever

----- Original Message -----
From: "Rob Chambers"
Sent: Saturday, March 13, 2004 11:53 AM
Subject: [RDG:] Comparative Law

Perhaps this discussion should be continued outside the RDG, but I have one further question. I appreciate that the relationship changes once the purchase price has been paid in full (or perhaps tendered) and the purchasers are in a position to call for conveyance of legal title, but would payment of the purchase price generate a constructive trust if the contract was not otherwise specifically enforceable?