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Historically, there were two main fiduciary duties in corporate law, care and loyalty, and only the duty of loyalty was …, and announced a unified test for review of breaches of fiduciary duty. The law, which once seemed so straightforward … returning to a bifurcated understanding of the law of fiduciary duties. I believe that this is a mistake. The law is inherently …
Persistent link: https://www.econbiz.de/10013134451
The fiduciary duty of members of a business association has its origins in partnership law. The unlimited liability to … not abused.Shareholders are not liable for debts of the company. The risk of unlimited liability underlying the fiduciary …-exclusive explanations are submitted in support of a shareholders' fiduciary duty. The first explanation rests on the characterization of …
Persistent link: https://www.econbiz.de/10012927096
Solicited for the Oxford Handbook of Fiduciary Law, this essay offers a general introduction to Japanese fiduciary …
Persistent link: https://www.econbiz.de/10011772412
The law that defines and regulates fiduciary relationships appears in many legal areas, such as family law, surrogate …. Fiduciary relationships, and the concepts on which they are grounded, appear not only in the law. They appear in other areas of … knowledge: economics, psychology; moral norms and pluralism. Fiduciary law has a very long history. It was recognized in Roman …
Persistent link: https://www.econbiz.de/10012912450
While reference to "fiduciary duties" (plural) is routinely employed in the United States as a convenient short … "fiduciary duty." This contrast prompts some important questions about the doctrinal structure for duty of care analysis adopted … "fiduciary" duty? If so, then how should Delaware lawmakers and judges respond moving forward? In this Essay I argue that styling …
Persistent link: https://www.econbiz.de/10014151449
directors' responsibilities but has not reconciled those responsibilities with board functions and fiduciary law, at least in …
Persistent link: https://www.econbiz.de/10013099463
Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to … matter of primary right, by virtue of their exclusive claim over fiduciary power as a means derived from their own legal …
Persistent link: https://www.econbiz.de/10013065173
assignment of fiduciary responsibility. It concludes that Australia's approach offers two lessons for the U.S. First, disclosure … participants. Second, to the extent possible, the locus of fiduciary responsibility for default investment products should be on …
Persistent link: https://www.econbiz.de/10013112517
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