Commercial Aspects of Trusts and Fiduciary Obligations

Overview

This volume focuses on the continuing practical importance of equity in the law today. The authors demonstrate both the impact of the law of trusts and the law of fiduciaries upon such diverse subjects as corporate and bankruptcy law, as well as the continuing need for further discussion on the relationship between equity and commercial law. In combining theoretical and practical knowledge, this volume will be interesting to professionals and scholars involved in commercial or corporate law, bankruptcy, and ...

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Overview

This volume focuses on the continuing practical importance of equity in the law today. The authors demonstrate both the impact of the law of trusts and the law of fiduciaries upon such diverse subjects as corporate and bankruptcy law, as well as the continuing need for further discussion on the relationship between equity and commercial law. In combining theoretical and practical knowledge, this volume will be interesting to professionals and scholars involved in commercial or corporate law, bankruptcy, and trusts.

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Product Details

  • ISBN-13: 9780198257653
  • Publisher: Oxford University Press, USA
  • Publication date: 9/28/1992
  • Pages: 336
  • Lexile: 1750L (what's this?)
  • Product dimensions: 6.50 (w) x 9.50 (h) x 0.99 (d)

Table of Contents

List of Contributors
Table of Cases
Table of Statutes
Abbreviations
Introduction 1
I Statutory Regulation of Financial Services and General Fiduciary Obligations 5
1 Fiduciary Law and the Modern Commercial World 7
2 The Statutory Regulation of Financial Services in the United Kingdom and the Development of Chinese Walls in Managing Conflicts of Interest 43
3 The Relationship between Regulations Governing the Financial Services Industry and Fiduciary Duties under the General Law 55
II Directors' Duties to Shareholders, Creditors, and Employees 71
4 Directors, Creditors, and Shareholders 73
5 Directors' Fiduciary Duties and Individual Shareholders 83
6 Directors' Duties to Shareholders, Employees, and Other Creditors: A View from the Continent 115
III Trusts in the Recovery of Misapplied Assets 135
7 The Recovery of a Director's Improper Gains: Proprietary Remedies for Infringement of Non-Proprietary Rights 137
8 Trusts in the Recovery of Misapplied Assets: Tracing, Trusts, and Restitution 149
9 The Treatment of Trust Assets in English Insolvency Law 167
IV Asset Protection for Multinational Companies and Their Shareholders 193
10 Asset Protection for Multinational Corporations 195
11 The Adaptation of the Asset Protection Trust for Use by the Multinational Corporation: The American Perspective 217
Index 291
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