Title: A Study on Independence of Director's Fiduciary Duty
Abstract: The relation between the director and the company derives from the relation between the trustor and the trustee at trust law,which troubles the corporate theory and practice in the world including the American and British company law.This article believes that although the director's fiduciary duty is analogized from the trustee's duty,it has differed basically from the latter in the trust and company system and the meaning and standards of the duty of care and the duty of loyalty.This shows that the director's fiduciary duty is a new fiducairy independent of the trust duty.This artile believes in the end that the theory of agency,thoery of trust and theory of mandatory have their fatal defects and concludes logically that the director's legal status is still a fiduciary one,which clarifies some misundersandings in the theoretical field.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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