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It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions … argue that some of the most important duties of a fiduciary are prescriptive duties. It further argues that the label … 'fiduciary duties' is properly attached to all of the duties that arise out of a fiduciary relationship, just as 'contractual …
Persistent link: https://www.econbiz.de/10012849654
UDTA, with particular emphasis on four areas of practical innovation. The first is a careful allocation of fiduciary duties … trusteeship, even if that person is not formally a trustee. Thus, under the UDTA the fiduciary responsibility for a power of … is a comprehensive treatment of non-fiduciary issues, such as appointment, vacancy, and limitations. Here again, the UDTA …
Persistent link: https://www.econbiz.de/10012851256
In Korda v Australian Executor Trustees (SA) Ltd, the High Court unanimously declared the paramountcy of mutual intention in establishing an express trust, overturning the decisions of the Supreme Court of Victoria at first instance and the Victorian Court of Appeal. In the process, the High...
Persistent link: https://www.econbiz.de/10012988525
trust itself is a notoriously complex, elusive, and fact-specific phenomenon. Secondly, scholarly interest in the fiduciary … scholarship exploring the fiduciary principle in private law. Moreover, there is a growing body of work exploring ideas of … fiduciary government and international law. Scholars are puzzling over fiduciaries and trust as never before. Given this, one …
Persistent link: https://www.econbiz.de/10012549498
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impact in turn on the strength of the Council’s authority. In certain legal cultures, fiduciary law has been recognized as an … applying the fiduciary construct to the Security Council setting as a way to consolidate trust. In doing so, it is necessary to … unpack two different conceptions of the fiduciary construct: the precept of law (derived from domestic private law) and the …
Persistent link: https://www.econbiz.de/10013233344
’s conception of a fiduciary, and finds much in common, as users of these technologies place extreme trust in the leading developers … questions needed to flesh out the fiduciary categorization. For example, which software developers are influential enough to …
Persistent link: https://www.econbiz.de/10013235758
explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of … disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in …
Persistent link: https://www.econbiz.de/10013272351
This book chapter, prepared for the forthcoming Oxford Handbook of Fiduciary Law, canvasses the fiduciary principles … examines (a) the trigger for finding a trust fiduciary relationship and the scope of that relationship; (b) the duty of loyalty …) other fiduciary duties in trust law, including the prominent duty of impartiality and the increasingly salient duty to give …
Persistent link: https://www.econbiz.de/10011926861
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