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Author : Paul B. Miller,Matthew Harding
Publisher : Cambridge University Press
Page : 357 pages
File Size : 42,8 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781108480420
Explores the interactions of fiduciary law and personal and political trust in private, public and international law.
Author : Mark Bridge,Royal Society of Canada,University of Victoria (B.C.). Faculty of Law,International Academy of Estate and Trust Law
Publisher : Scarborough, Ont. : Carswell
Page : 518 pages
File Size : 55,7 Mb
Release : 1993
Category : Law
ISBN : STANFORD:36105060901886
Author : Evan J. Criddle,Evan Fox-Decent,Andrew S. Gold,Sung Hui Kim,Paul B. Miller
Publisher : Cambridge University Press
Page : 762 pages
File Size : 49,9 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781108680011
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
Author : Tamar Frankel
Publisher : Oxford University Press
Page : 334 pages
File Size : 50,8 Mb
Release : 2011
Category : Business & Economics
ISBN : 9780195391565
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.
Author : Peter Birks,Arianna Pretto-Sakmann,Arianna Pretto
Publisher : Hart Publishing
Page : 465 pages
File Size : 51,5 Mb
Release : 2002-07-05
Category : Law
ISBN : 9781841131740
Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust. This book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject.
Author : Michael Ng
Publisher : Canada Law Book
Page : 128 pages
File Size : 40,8 Mb
Release : 2003
Category : Trusts and trustees
ISBN : 0888043988
Author : Arthur B. Laby,Jacob Hale Russell
Publisher : Unknown
Page : 375 pages
File Size : 55,9 Mb
Release : 2021-09-09
Category : Business & Economics
ISBN : 9781108485128
Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.
Author : Michael Bryan,Vicki Vann,V. J. Vann
Publisher : Cambridge University Press
Page : 457 pages
File Size : 43,9 Mb
Release : 2012-07-17
Category : Law
ISBN : 9780521676632
The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Bryan from University Melbourne, Vann from Monash.
Author : Richard C. Nolan,Kelvin F. K. Low,Tang Hang Wu
Publisher : Cambridge University Press
Page : 609 pages
File Size : 47,5 Mb
Release : 2018-05-31
Category : Law
ISBN : 9781107170490
New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
Author : Jane B. Lorenz,Marguerite C. Lorenz
Publisher : Author House
Page : 77 pages
File Size : 50,6 Mb
Release : 2011-05-03
Category : Self-Help
ISBN : 9781456767273
Written by two longtime Professional Fiduciaries, "Ethics for Trustees", A Guide for All Who Serve as Trustee, is intended as a guideline for everyone who serves as a Trustee of a Trust; Experienced or inexperienced; Attorneys, Fiduciaries, CPAs, Family Members and Friends, etc. Quotes and concepts have been drawn from personal experience, from the Professional Fiduciary Association of California (PFAC) Code of Ethics and from the most recent California Probate Code (2011). Review by an experienced Trusts and Estates Attorney: Ethics for Trustees is an excellent guidebook that draws together important resources and reference materials. It covers some topics few other writers have addressed, and the authors draw on wealth of personal experience. The writing is clear and concise. It is a valuable addition to my professional library. Meredith G. Alcock Trusts and estates attorney www.aalapc.com Review by an Independent Financial Advisor: Whether you are already serving as a professional trustee or considering taking on this role for the first time, we recommend this book. Serving as a trustee is a challenging responsibility. This book will help you understand what is expected of you and how to best meet the role of trustee. Troy B. Daum, CFP Principal Wealth Analytics www.WealthAnalytics.com The Authors: Jane B. Lorenz, CPA, CLPF has been practicing as a CPA since 1975 and started serving as a Professional Trustee around 1990. Marguerite C. Lorenz, CTFA, CLPF began working with Jane in 2003 and has been serving as a Professional Trustee ever since. This book is a labor of love. They know from experience the challenges facing todays Fiduciary, whether amateur or professional. Many professional Fiduciaries operate as sole proprietors, without partners or staff . Jane and Marguerite have benefitted so much from their partnership and business model, they feel good about sharing some of what they have learned. The Readers: Everyone who is in the Estate Planning Process can benefit from a better understanding of what their Successor can and should do. The documents alone do nothing. The selection of the appropriate Successor Trustee is vitally important, as this is the one trusted to fulfill the Estate Plan provisions. How can the right Successor be selected if the one choosing is not familiar with what the job entails? Reading this concise volume gives the reader just what is needed. Before one accepts the role of Trustee he/she should understand the liability, the ethical issues and the depth of responsibility. We believe that reading this book may prevent family upset and financial disaster.
Author : Ewan McKendrick
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2023
Category : Commercial law
ISBN : 1383014477
The theme of the essays in this volume recognizes the continuing practical importance of equity in the law today. It focuses on the commercial context, in particular the fiduciary obligations of those in whom trust or confidence is reposed and in the consequences of any breach of those obligations.
Author : Matthew Conaglen
Publisher : Bloomsbury Publishing
Page : 332 pages
File Size : 51,8 Mb
Release : 2010-01-08
Category : Law
ISBN : 9781847315564
Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, the book takes the novel approach of putting to one side the difficult question of when fiduciary duties arise in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to, and considered more profitably, once a clear view has emerged of the function that such duties perform. The analysis advanced in the book has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of analysing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability. Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts.
Author : Malcolm Cope
Publisher : Lawbook Company
Page : 1062 pages
File Size : 55,6 Mb
Release : 1992
Category : Law
ISBN : STANFORD:36105060019176
Author : D. Gordon Smith,Andrew S. Gold
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 40,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781784714833
The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.
Author : James Penner
Publisher : Oxford University Press, USA
Page : 558 pages
File Size : 45,5 Mb
Release : 2012-07-05
Category : Law
ISBN : 9780199639847
This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.
