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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 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
This chapter examines fiduciary duty in corporate law. Fiduciary duty is pervasive as well as all encompassing in … corporate law. One common misconception about fiduciary duty in corporate law is that it is merely aspirational. Fiduciary … the law. Corporate law has often compromised rather than insisting upon strict enforcement of fiduciary law principles. It …
Persistent link: https://www.econbiz.de/10012872077
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
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
state corporate fiduciary principles. The challenge is not so much one of ensuring that fiduciary principles govern the …
Persistent link: https://www.econbiz.de/10014050767
This article discusses the importance of European company law for intra-EU investments after the recent decision of the CJEU in Achmea. In Achmea, the CJEU examined bilateral investment treaties (BITs) concluded between EU Member States in the light of EU law. More specifically, the CJEU...
Persistent link: https://www.econbiz.de/10012893524
Persistent link: https://www.econbiz.de/10011951558
A deep-seated rule in Israeli law is that the bank owes a fiduciary duty to its customers. The concept of imposing a … fiduciary duty on banks is not originally an Israeli one. The Israeli courts adopted it from British law. However, from the … reviews the special characteristics of the bank's fiduciary duty in Israeli law, while comparing it to the Anglo-Canadian duty …
Persistent link: https://www.econbiz.de/10013055157