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A Study On The Fiduciary Duties Of The Professional Managers

Posted on:2007-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:X Q ZhuFull Text:PDF
GTID:2166360182487861Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The rising of centralization of managers in the modern companies results in the power growth of managers. How to rule reasonably the power running of the professional managers has become the hotspot topic. Through analyzing the statue of the professional managers, this thesis considers them as the relation of trust. The company is the creator of trust and the professional is the trustee. On this basis, the thesis studies systematically the intension of law and the characteristics of the fiduciary duties of the professional managers from the view of the trust law and the corporation law.Through analyzing the fiduciary duties of the professional managers to the companies, the thesis studies and discusses the faithful duties, affair duties , showing the relative information on the light duties, concludes the professional managers must bear legal responsibility if their management behavior act against the fiduciary duties. Through analyzing the fiduciary duties of the professional managers to the third party, the thesis thinks the professional managers also bear fiduciary duties and legal responsibility to shareholders, debtees and other relative interest person in order to make the interest of the third party from the violation of the professional managers.Taking the compensating the losing as the main mode of the burdening the civil legal duties, the thesis analyzes the mode of burdening and the mode of the remedies, and endows legal relief power to the companies, shareholders, debtees and other relative interest person.At last, on analyzing present situation of the responsibility system of the professional managers, the thesis makes some advise on the perfection of the professional managers fiduciary duties, both the contain and the responsibility relief system of the professional managers.
Keywords/Search Tags:Professional managers, Trustee, Fiduciary Duties
PDF Full Text Request
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