Document Type
Article
Publication Date
Spring 2014
ISSN
0316-778X
Publisher
Queen's University Faculty of Law
Language
en-US
Abstract
Fiduciary relationships play an important role in civil law and common law jurisdictions. While both legal systems offer similar outcomes in upholding fiduciary law principles, the way they achieve these ends is fundamentally different. In common law jurisdictions, fiduciary law is rooted in the law of property. By contrast, in civil law jurisdictions, fiduciary principles find their source in contract law. This article seeks to reconcile these differences, by identifying universal principles that apply to both systems. The author describes the sources of fiduciary law in the common law and the civil law, then highlights underlying differences between the two systems and identifies common principles. Ultimately, she argues for the adoption of a hybrid system of fiduciary law, built upon broad unifying principles that could apply in both common law and civil law jurisdictions
Recommended Citation
Tamar Frankel,
Towards Universal Fiduciary Principles
,
in
39
Queen's Law Journal
391
(2014).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3001
Original working paper available on SSRN
