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Book
The law of loyalty
Author:
ISBN: 0197664598 019766461X 0197664601 Year: 2023 Publisher: New York, NY : Oxford University Press,

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Abstract

'The Law of Loyalty' elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It provides a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others.


Book
The law of loyalty
Author:
ISBN: 9780197664582 Year: 2023 Publisher: New York Oxford University Press

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"This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge"--

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Duty of loyalty

The law of tracing
Author:
ISBN: 0198260709 Year: 1997 Publisher: Oxford : Clarendon Press,

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Book
Comparative property law : global perspectives
Authors: ---
ISBN: 9781848447578 1848447574 Year: 2017 Publisher: Cheltenham Edward Elgar Publishing

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Commercial trusts in European private law
Authors: --- ---
ISBN: 9780521115605 0521849195 9780521849197 9780511494956 0521115604 1107153263 0511183550 0511309155 0511494955 1280431490 0511137354 0511201567 0511135181 9780511137358 9780511135187 9786610431496 6610431493 9781107153264 9781280431494 9780511183553 9780511201561 9780511309151 Year: 2005 Publisher: Cambridge, UK ; New York : Cambridge University Press,

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Abstract

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.


Digital
Trusts and Patrimonies
Authors: --- --- --- --- --- et al.
ISBN: 9780748697755 9780748697748 Year: 2022 Publisher: Edinburgh Edinburgh University Press

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Keywords

Law


Book
Le droit civil et ses codes : parcours à travers les Amériques
Authors: --- --- ---
ISBN: 9782894002919 2894002912 Year: 2011 Publisher: Montréal : Éditions Thémis,

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