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Philosophical Foundations of Fiduciary Law

Andrew S. Gold and Paul B. Miller (eds)

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.001.0001
Subject:
Law, Philosophy of Law, Law of Obligations

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of ... More


Exit, Choice, and Employee Loyalty

Aditi Bagchi

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0012
Subject:
Law, Company and Commercial Law

This chapter argues that we should understand the employee duty of loyalty as a contractual duty, not a fiduciary duty that attaches by virtue of employee status. The chapter considers several risks ... More


Fiduciary Law as Equity’s Child

Irit Samet

in Equity: Conscience Goes to Market

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198766773
eISBN:
9780191821042
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198766773.003.0003
Subject:
Law, Philosophy of Law

This chapter challenges the argument that one of Equity’s most distinctive doctrines, fiduciary law, must be fused with a common law doctrine—the law of contract. In particular, it highlights the ... More


Introduction

Paul B Miller and Andrew S Gold

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0001
Subject:
Law, Company and Commercial Law

This introduction outlines contributors’ key contributions, while also providing analysis of the background literature on contract, status, and fiduciary law. The contributions to this book ... More


The Duty of Loyalty and the Scope of the Law of Fraud

Hugh Collins

in Criminality at Work

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198836995
eISBN:
9780191873867
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198836995.003.0006
Subject:
Law, Employment Law, Criminal Law and Criminology

This chapter explores the role of criminal law as an additional sanction against the breach of existing civil obligations in the contract. In the modern context, this chapter examines the ways in ... More


Managing Our Money: The Law of Financial Fiduciaries as a Private Law Institution

Hanoch Dagan and Sharon Hannes

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0005
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter conceptualizes financial fiduciaries law as a private law institution that enhances individual autonomy by enabling people to safely delegate authority over a significant aspect of their ... More


Firms and Fiduciaries

D Gordon Smith

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0013
Subject:
Law, Company and Commercial Law

Economists who study the theory of the firm strive to draw a line between firms and markets. This line corresponds to the line lawyers draw between fiduciary and nonfiduciary relationships. The ... More


Related-Party Transactions

Luca Enriques, Gerard Hertig, Hideki Kanda, and Mariana Pargendler

in The Anatomy of Corporate Law: A Comparative and Functional Approach

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198739630
eISBN:
9780191837982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739630.003.0006
Subject:
Law, Company and Commercial Law

This chapter centers on a technique that managers and controlling shareholders may use to divert value from the corporation: related-party transactions. These transactions range from traditional ... More


Contract, Status, and Fiduciary Law

Paul B. Miller and Andrew S. Gold (eds)

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.001.0001
Subject:
Law, Company and Commercial Law

Contract, Status, and Fiduciary Law is the first book of its kind, bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and ... More


The EU in other International Organizations

Jan Wouters, Frank Hoffmeister, Geert De Baere, and Thomas Ramopoulos

in The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Legal Actor

Published in print:
2021
Published Online:
August 2021
ISBN:
9780198869481
eISBN:
9780191905827
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869481.003.0005
Subject:
Law, EU Law

This chapter presents the rules under EU law and international law that enable the EU to participate in the work of other international organizations. It explains the process of the EU becoming and ... More


The Board

Paul Davies

in Introduction to Company Law

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198854913
eISBN:
9780191888977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198854913.003.0002
Subject:
Law, Company and Commercial Law

This chapter deals with the board. It analyses the rationales, within different types of company, for the division of powers between (a) the shareholders and the board, and (b) the board and the ... More


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