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Fiduciary duties for the top governance officials of both business and religious organizations demand faithfulness to …
Persistent link: https://www.econbiz.de/10013066618
Fiduciary theorists broadly agree that a duty of loyalty is fundamental to fiduciary relationships. They do not agree … on a core minimum content of fiduciary loyalty. Some think that loyalty at the least requires the avoidance of conflicts … of interest (and perhaps also conflicts of duties). Others think that loyalty requires a fiduciary to act in what he or …
Persistent link: https://www.econbiz.de/10013071455
their impact. Part III examines the implementation of PBCs in Delaware, and in particular, how Delaware's PBC fiduciary … decisional law is still undeveloped, Part IV explores how the fiduciary-duty provisions are likely to be interpreted in light of …
Persistent link: https://www.econbiz.de/10013047753
enactment of CA 2006, s 170(5), such an argument is contingent upon the shadow director-company relationship being fiduciary in … nature. It is argued here that such a relationship is fiduciary in nature, but the current approach of the English courts of … application of fiduciary obligations to shadow directors. This position is supported by establishing a theoretical basis for the …
Persistent link: https://www.econbiz.de/10013048194
using a corporate fiduciary and of appointing co-fiduciaries …
Persistent link: https://www.econbiz.de/10013050013
How can it be that the fiduciary relationship has trust at its core if trust is neither a necessary nor a sufficient … in solving that puzzle. First, I argue that fiduciary relationships are likely to be characterized by relatively ‘thick …' interpersonal trust. Secondly, I argue that moral duties referring to trust play a role in the justification of fiduciary duties …
Persistent link: https://www.econbiz.de/10013052416
The operation of the remedies for breach of the equitable duty of confidence are confused, largely because of a recent tendency to treat the action as a tort, with a consequent lack of emphasis of the equitable origins of the action for breach of confidence. This paper places the action and the...
Persistent link: https://www.econbiz.de/10013054260
Legal systems impose varying degrees of fiduciary duty on the banks. This paper analyses three models, thereby pointing …-customer relationship as a fiduciary one, yet it states exceptions to the rule. Second, the continental European model, that defines … specific cases in which a fiduciary relationship exists. Third, the Israeli model, which applies the fiduciary duty to the bank …
Persistent link: https://www.econbiz.de/10013055103
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
According to Israeli law, the bank owes a fiduciary duty to its customers. However, recently, the Israeli courts have … expanded the doctrine of the ban's fiduciary duty in various ways: In terms of the content o the duty; in terms of the scope of … of breach thereof.The thesis presented in the article recognizes the fiduciary duty as a justified and worthy instrument …
Persistent link: https://www.econbiz.de/10013055159