The Oxford Handbook of Fiduciary Law
Series: Oxford Handbooks;
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Product details:
- Publisher OUP USA
- Date of Publication 13 June 2019
- ISBN 9780190634100
- Binding Hardback
- No. of pages1032 pages
- Size 249x183x61 mm
- Weight 1882 g
- Language English 100
Categories
Short description:
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of fiduciary law, explaining how fiduciary principles operate across diverse substantive fields and legal systems. Unparalleled in its breadth and depth of coverage, the Handbook represents an invaluable resource for practitioners, policymakers, scholars, and students of this essential field of law.
MoreLong description:
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles.
Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology.
Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
The Handbook's forty-eight articles cover an amazingly broad range of topics. ... there can scarcely be a lawyer or legal scholar anywhere who wouldnt benefit by acquiring it.
Table of Contents:
About the Editors
Contributors
Acknowledgements
Introduction
Part I. The Doctrinal Canon
Fiduciary Principles in Fact-Based Fiduciary Relationships
Fiduciary Principles in Agency Law
Fiduciary Principles in Trust Law
Fiduciary Principles in Corporate Law
Fiduciary Principles in Unincorporated Entity Law
Fiduciary Principles in Charities and Other Nonprofits
Fiduciary Principles in Banking
Fiduciary Principles in Investment Advice
Fiduciary Principles in Pension Law
Fiduciary Principles in Employment Law
Fiduciary Principles in Bankruptcy and Insolvency
Fiduciary Principles in Family Law
Fiduciary Principles in Surrogate Decision-Making
Fiduciary Principles in Legal Representation
Fiduciary Principles in Health Care
Fiduciary Principles and Public Offices
Fiduciary Principles and the State
Fiduciary Principles in International Law
Part II. A Conceptual Synthesis of Fiduciary Law
The Identification of Fiduciary Relationships
The Fiduciary Duty of Loyalty
The Fiduciary Duty of Care
Other Fiduciary Duties: Implementing Loyalty and Care
Mandatory and Default Rules in Fiduciary Law
Fiduciary Remedies
Part III. Fiduciary Law across History and Legal Systems
Fiduciary Principles in English Common Law
Fiduciary Principles in the Canon Law
Fiduciary Principles in Roman Law
Fiduciary Principles in Classical Islamic Law Systems
Fiduciary Principles in Classical Jewish Law
Fiduciary Principles in Contemporary Common Law Systems
Fiduciary Principles in European Civil Law Systems
Fiduciary Principles in Chinese Law
Fiduciary Principles in Indian Law
Fiduciary Principles in Japanese Law
Part IV. The Future of Fiduciary Law and Theory
The Economics of Fiduciary Law
The Philosophy of Fiduciary Law
Fiduciary Law and Psychology
Empirical Analysis of Fiduciary Law
Fiduciary Law and Equity
Fiduciary Law, Good Faith, and Publicness
Fiduciary Law and Moral Norms
Fiduciary Law and Social Norms
Fiduciary Law and Corruption
Fiduciary Law and Pluralism
Fiduciary Law and Financial Regulation
Delaware Corporate Fiduciary Law: Searching for the Optimal Balance
New Frontiers in Private Fiduciary Law
New Frontiers in Public Fiduciary Law
Index
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