ABSTRACT
In recent years, fiduciary law has increasingly moved to the center of scholarly attention in the common-law world. Even a cursory review shows ample evidence of the importance of fiduciary-related norms; not only both in common-law and civil-law jurisdictions, but also beyond the nation state. Although civil-law countries have no tradition of the trust as a legal institution, courts and scholars alike coin relationships based on some kind of personal or professional trust ‘fiduciary’. Additionally, the trust as a legal institution is gaining ground in civil-law countries, either following a national recognition of the Hague Trust Convention (eg, Italy, the Netherlands) or because they have introduced trust legislation (Japan and other countries in East Asia). A number of more sector-specific rules and regulations issued by institutions and initiatives such as the OECD Principles of Corporate Governance and the UN report on ‘Fiduciary Duty for the 21st Century’ are shaping legal norms and legislation …
Kuntz, Thilo, Transnational Fiduciary Law: Spaces and Elements (November 18, 2019) to appear in 4 UC Irvine Journal of International, Transnational, and Comparative Law (2020).
First posted 2019-12-05 07:42:01
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