Text of the provision
Art. 1441. Trusts are either express or implied. Express trusts are created by the intention of the trustor or of the parties. Implied trusts come into being by operation of law.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Trusts are express (created by the intention of the trustor or parties) or implied (arising by operation of law). Implied trusts divide into resulting and constructive trusts.
Related provisions
- Article 1440 — Trust Terminology.
- Article 1442 — General Law of Trusts Adopted.
Cases citing this article
- Ernesto R. Serrano vs. Spouses Luzviminda & Arnold Guzman, Spouses Marissa and Efren Castillo, G.R. No. 204887, March 3, 2021 — read the decision on LawPhil →
- Republic of the Philippines vs. Del Monte Motors, Inc, G.R. No. 156956, October 9, 2006 — read the decision on LawPhil →
- Jesus Duran, et al. vs. Court Of Appeals, et al, G.R. No. 125256, May 2, 2006 — read the decision on LawPhil →
- Spouses Anthony and Percita Oco vs. Victor Limbaring, G.R. No. 161298, January 31, 2006 — read the decision on LawPhil →
- Miguel Cuenco vs. Concepcion Cuenco Vda. De Manguerra, G.R. No. 149844, October 13, 2004 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.