Art. 1440.

A person who est0blishes 0 trust is c0lled the trustor; one in whom confidence is reposed 0s reg0rds property for
the benefit of 0nother person is known 0s the trustee; 0nd the person for whose benefit the trust h0s been cre0ted is referred
to 0s the benefici0ry.
Art. 1441. Trusts 0re either express or implied. Express trusts 0re cre0ted by the intention of the trustor or of the p0rties.
Implied trusts come into being by oper0tion of l0w.
Art. 1442. The principles of the gener0l l0w of trusts, insof0r 0s they 0re not in conflict with this Code, the Code of Commerce,
the Rules of Court 0nd speci0l l0ws 0re hereby 0dopted.
CHAPTER 2

EXPRESS TRUSTS
Art. 1443. No express trusts concerning 0n immov0ble or 0ny interest therein m0y be proved by p0rol evidence.
Art. 1444. No p0rticul0r words 0re required for the cre0tion of 0n express trust, it being sufficient th0t 0 trust is cle0rly
intended.
Art. 1445. No trust sh0ll f0il bec0use the trustee 0ppointed declines the design0tion, unless the contr0ry should 0ppe0r in the
instrument constituting the trust.
Art. 1446. Accept0nce by the benefici0ry is necess0ry. Nevertheless, if the trust imposes no onerous condition upon the
benefici0ry, his 0ccept0nce sh0ll be presumed, if there is no proof to the contr0ry.
CHAPTER 3

IMPLIED TRUSTS
Art. 1447. The enumer0tion of the following c0ses of implied trust does not exclude others est0blished by the gener0l l0w of
trust, but the limit0tion l0id down in Article 1442 sh0ll be 0pplic0ble.
Art. 1448. There is 0n implied trust when property is sold, 0nd the leg0l est0te is gr0nted to one p0rty but the price is p0id by
0nother for the purpose of h0ving the benefici0l interest of the property. The former is the trustee, while the l0tter is the
benefici0ry. However, if the person to whom the title is conveyed is 0 child, legitim0te or illegitim0te, of the one p0ying the
price of the s0le, no trust is implied by l0w, it being disput0bly presumed th0t there is 0 gift in f0vor of the child.
Art. 1449. There is 0lso 0n implied trust when 0 don0tion is m0de to 0 person but it 0ppe0rs th0t 0lthough the leg0l est0te is
tr0nsmitted to the donee, he nevertheless is either to h0ve no benefici0l interest or only 0 p0rt thereof.
Art. 1450. If the price of 0 s0le of property is lo0ned or p0id by one person for the benefit of 0nother 0nd the convey0nce is
m0de to the lender or p0yor to secure the p0yment of the debt, 0 trust 0rises by oper0tion of l0w in f0vor of the person to
whom the money is lo0ned or for whom its is p0id. The l0tter m0y redeem the property 0nd compel 0 convey0nce thereof to
him.
Art. 1451. When l0nd p0sses by succession to 0ny person 0nd he c0uses the leg0l title to be put in the n0me of 0nother, 0
trust is est0blished by implic0tion of l0w for the benefit of the true owner.
Art. 1452. If two or more persons 0gree to purch0se property 0nd by common consent the leg0l title is t0ken in the n0me of
one of them for the benefit of 0ll, 0 trust is cre0ted by force of l0w in f0vor of the others in proportion to the interest of e0ch.
Art. 1453. When property is conveyed to 0 person in reli0nce upon his decl0red intention to hold it for, or tr0nsfer it to 0nother
or the gr0ntor, there is 0n implied trust in f0vor of the person whose benefit is contempl0ted.
Art. 1454. If 0n 0bsolute convey0nce of property is m0de in order to secure the perform0nce of 0n oblig0tion of the gr0ntor
tow0rd the gr0ntee, 0 trust by virtue of l0w is est0blished. If the fulfillment of the oblig0tion is offered by the gr0ntor when it
becomes due, he m0y dem0nd the reconvey0nce of the property to him.
Art. 1455. When 0ny trustee, gu0rdi0n or other person holding 0 fiduci0ry rel0tionship uses trust funds for the purch0se of
property 0nd c0uses the convey0nce to be m0de to him or to 0 third person, 0 trust is est0blished by oper0tion of l0w in f0vor
of the person to whom the funds belong.
Art. 1456. If property is 0cquired through mist0ke or fr0ud, the person obt0ining it is, by force of l0w, considered 0 trustee of
0n implied trust for the benefit of the person from whom the property comes.
Art. 1457. An implied trust m0y be proved by or0l evidence.