Division of Arts and Sciences, International Christian University
Department of Political Economy, Musashino University
Policy Research Department, Tokyo Foundation, Department of Economics, University of Tokyo
抄録
A fiduciary is a person who undertakes to act for the benefit of another person. He owes the duty of loyalty to beneficiary, is required to disgorge any unauthorized gain from his position, and has the burden of disproving his disloyalty in litigation. This article presents a theory that unifies a wide variety of human relationships as fiduciary relationships and explains how the law regulating these relationships works as a coherent legal system. Its theoretical foundation is the legal impossibility of self-contract, its analytical framework is a variant of trust game, and its justificatory principle is that of both corrective justice and Pareto optimality.
内容記述
本文フィルはリンク先を参照のこと
雑誌名
Discussion paper series. CIRJE-F
巻
CIRJE-F-766
発行年
2010-10
書誌レコードID
AA11450569
フォーマット
application/pdf
日本十進分類法
335
出版者
日本経済国際共同センター
出版者別名
Center for International Research on the Japanese Economy
A Theory of Fiduciary Relationships : Non-Contractual Foundation of the Duty of Loyalty, Disgorgement Damages, and Strict Liability
