基本説明
Describes the legal duties of people such as brokers, money managers, corporate directors and officers and trustees.
Full Description
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Contents
Introduction
Chapter 1 The Nature of Fiduciary Relationships
Introduction
A. The Recurrent Elements of Fiduciary Relationships
B. A Proposed Definition of Fiduciary Relationships
C. Examples of Fiduciary Relationships and Their Boundaries
D. How Do the Courts Recognize Fiduciary Relationships?
E. The Dark Side of Fiduciary Relationships
F. The Debate
Chapter 2 Where Does Fiduciary Law Come From?
Introduction
A. The Laws of Hammurabi and Eshnunna
B. The New Testament
C. The Sharia Islamic Law
D. Jewish Law
E. Influence of Moral Themes and Religion
F. Roman Law
G. High Middle Ages
H. Recent U.S. History
I. The Debate
Chapter 3 The Duties of Fiduciaries
Introduction
A. Fundamentals
B. The Main Duties of Fiduciaries
C. The Duty of Loyalty
D. Duties Implementing the Duty of Loyalty
E. The Fiduciaries' Service-Contracts and Compensation
F. The Debates
G. When Should Fiduciaries Consider Public Interest?
H. The Duty of Care
I. Serving Entrustors Whose Interests Conflict
J. Fiduciaries' Rights and Protections from the Entrustors' Claims
K. Fiduciary Duties in Legislation
Chapter 4 Default Rules in Fiduciary Law
A. Introduction
B. The Process of Releasing Fiduciaries from Their Duties under Fiduciary Rules
C. The Nature of Consent and Surrogate Consenters
D. Default Rules and Contracts
E. The Debate
Chapter 5 Why View Fiduciary Law as a Separate Category?
A. Introduction
B. Categories Matter
C. Should Fiduciary Law Be Viewed as a Category?
D. The Debate
Chapter 6
The Courts' Regulation of Fiduciaries, Remedies and Procedures
Introduction
A. Courts' Use of Judicial Discretion
B. Remedies Providing Relief on Violations of Fiduciary Duties
C. Equitable Remedies
D. Punitive Damages
E. Dissolution of a Corporation
F. Criminal Sanctions
G. Standing to Sue and Procedural Issues. Common Law and Equity
H. Liability of the Transferee of Entrusted Property Who Knew of the Entrustment
I. Resulting Trusts
Chapter 7 The Role of Fiduciary Law in Facilitating Entrustment and Trust
A. The Nature and Role of Trust
B. The Barriers to Abuse of Trust and Dishonesty
C. The Debate
Epilogue
