Commercial aspects of trusts and fiduciary obligations

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書誌事項

Commercial aspects of trusts and fiduciary obligations

edited by Ewan McKendrick

Clarendon Press , Oxford University Press, 1992

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注記

Includes index

"The origin of this book lie in the first Oxford Law Colloquium held in St. John's College, Oxford on 12-13 Sep. 1991, organized by the Faculty of Law of the Univ. of Oxford and The Norton Rose M5 Group, a national association of seven major independent law firms"--Pref

内容説明・目次

内容説明

The origins of this book lie in the first Oxford Law Colloquium held in St John's College, Oxford, on 12-13 September 1991, organized by the Faculty of Law of the University of Oxford and the Norton Rose M5 Group, a national association of seven major independent law firms. This, it is hoped, will be the first of many such bubble01ces run on a biennial basis. The aim of each conference will be to combine the specialist knowledge of both practising and academic lawyers on a selected subject, enabling the exploration of fundamental concepts, principles, and trends in particular fields of law of mutual interest and importance. The subject of this first conference - Commercial Aspects of Trusts and Fiduciary Obligations - was chosen for its considerable theoretical and practical importance, and the contributors amply demonstrate both the impact of the law of trusts and the law of fiduciaries upon such diverse subjects as company law and insolvency law and the continuing need for further discussion on the relationship between equity and commercial law. Contributors: Sir Peter Gibson, Sir Peter Millett, Paul Finn, Peter Graham, Jack Beatson, D.D. Prentice, Paul L. Davies, Klaus J. Hopt, Roy Goode, Peter Birks, Hamish Anderson, Harry Wiggin, Jeffrey Schoenblum.

目次

  • Part 1 Statutory regulation of financial services and general fiduciary obligations: fiduciary law and the modern commercial world, Paul Finn. The statutory regulation of financial services in the United Kingdom and the development of Chinese Walls in managing conflicts of interest, Peter Graham
  • The relationship between regulations governing the financial services industry and fiduciary duties under the general law, Jack Beatson. Part 2 Directors' duties to shareholders, creditors, and employees: directors, creditors and shareholders, D.D.Prentice
  • Directors' fiduciary duties and individual shareholders, D.D.Prentice
  • Directors' fiduciary duties and individual shareholders, Paul L.Davies
  • Directors' duties to shareholders, employees and other creditors - a view from the continent, Klaus J.Hopt. Part 3 Trusts in the recovery of misapplied assets: the recovery of a director's improper gains - proprietary remedies for infringement of non-proprietary rights, Roy Goode
  • Trusts in the recovery of misapplied assets - tracing, trusts, and restitution, Peter Birks
  • The treatment of trust assets in English insolvency law, Hamish Anderson. Part 4 Asset protection for multinational companies and their shareholders: asset protection for multination corporations, Harry Wiggin
  • The adaptation of the asset protection trust for use by the multinational corporation - the American perspective, Jeffrey Schoenblum.

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