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A significant implication arising out of an increasingly influential view that fiduciary duties are terms expressed or … implied into voluntary undertakings is that all express or implied fiduciary duties can be excluded. This article critiques … through an analysis of the circumstances in which directors' fiduciary duties have been contracted out under English law …
Persistent link: https://www.econbiz.de/10012970350
Persistent link: https://www.econbiz.de/10013115946
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
In the legislation of countries in the system of ″common law″, the commission contract is brought under regulation … Obligations).Through this work we tried to achieve a comparative study on the effects of the commission contract from the …
Persistent link: https://www.econbiz.de/10013085451
toward better deductive reasoning skills started by Professor Nyquist, this Article analyzes the most important contract …
Persistent link: https://www.econbiz.de/10012986169
rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent …
Persistent link: https://www.econbiz.de/10013249105
This Article argues that lawmakers ought to recategorize inheritance law and contracts law as cognate bodies of doctrine within a larger genus of transfers law. The Article proceeds to examine comparatively the justifications for freedom of contracts and freedom of testation, concluding that...
Persistent link: https://www.econbiz.de/10014195255
partner, owes default fiduciary duties, but what of these second-tier managers? Technically, it is the managing entity that …, to articulate a clear rule as to when fiduciary duties should attach to second-tier managers that also makes allowances … currently applied, are inadequate to address this issue. Finally, this article offers a unique solution as to when fiduciary …
Persistent link: https://www.econbiz.de/10013057471
Fiduciary law is both celebrated as unbound by rules and deplored as unprincipled. Moralists see in fiduciary law a … fixed and mandatory system, even as legal economists and contractarians have cast fiduciary law as the ultimate set of … defaults to fill in incomplete contracts. Like general equity, out of which it grew, modern fiduciary law suffers from the hard …
Persistent link: https://www.econbiz.de/10013076584
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