Fiduciary Law by Tamar FrankelFiduciary Law by Tamar Frankel

Fiduciary Law

byTamar Frankel

Hardcover | December 31, 2010

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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 designedto 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 offersguidelines 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 andentrustors. 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.
Tamar Frankel is a Professor of Law at Boston University. Professor Frankel holds law degrees from the Jerusalem Classes, and LL.M and S.J.D. from Harvard Law School. She is an expert in the areas of fiduciary law, mutual funds, securitization, and corporate governance. She authored The Regulation of Money Managers (2d ed. 2001) (with...
Title:Fiduciary LawFormat:HardcoverDimensions:336 pages, 9.25 × 6.12 × 0.98 inPublished:December 31, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019539156X

ISBN - 13:9780195391565


Table of Contents

Introduction1. The Nature of Fiduciary RelationshipsIntroductionA. The Recurrent Elements of Fiduciary RelationshipsB. A Proposed Definition of Fiduciary RelationshipsC. Examples of Fiduciary Relationships and Their BoundariesD. How Do the Courts Recognize Fiduciary Relationships?E. The Dark Side of Fiduciary RelationshipsF. The Debate2. Where Does Fiduciary Law Come From?IntroductionA. The Laws of Hammurabi and EshnunnaB. The New TestamentC. The Sharia Islamic LawD. Jewish LawE. Influence of Moral Themes and ReligionF. Roman LawG. High Middle AgesH. Recent U.S. HistoryI. The Debate3. The Duties of FiduciariesIntroductionA. FundamentalsB. The Main Duties of FiduciariesC. The Duty of LoyaltyD. Duties Implementing the Duty of LoyaltyE. The Fiduciaries' Service-Contracts and CompensationF. The DebatesG. When Should Fiduciaries Consider Public Interest?H. The Duty of CareI. Serving Entrustors Whose Interests ConflictJ. Fiduciaries' Rights and Protections from the Entrustors' ClaimsK. Fiduciary Duties in Legislation4. Default Rules in Fiduciary LawA. IntroductionB. The Process of Releasing Fiduciaries from Their Duties under Fiduciary RulesC. The Nature of Consent and Surrogate ConsentersD. Default Rules and ContractsE. The Debate5. Why View Fiduciary Law as a Separate Category?A. IntroductionB. Categories MatterC. Should Fiduciary Law Be Viewed as a Category?D. The Debate6. The Courts' Regulation of Fiduciaries, Remedies and ProceduresIntroductionA. Courts' Use of Judicial DiscretionB. Remedies Providing Relief on Violations of Fiduciary DutiesC. Equitable RemediesD. Punitive DamagesE. Dissolution of a CorporationF. Criminal SanctionsG. Standing to Sue and Procedural Issues. Common Law and EquityH. Liability of the Transferee of Entrusted Property Who Knew of the EntrustmentI. Resulting Trusts7. The Role of Fiduciary Law in Facilitating Entrustment and TrustA. The Nature and Role of TrustB. The Barriers to Abuse of Trust and DishonestyC. The DebateEpilogue