Analysis Of Fiduciary Duties Generalization

In theory and practice, the term "fiduciary duty" is used in many legal relationships, such as directors towards shareholders, general partners themselves, general partners towards limited partners, executives towards shareholders, the controlling shareholders towards the minority shareholders, lawyers towards customers, doctors towards patients, parents towards their children,etc. Also, the term is expanding its range, in the process of generalization of the term "fiduciary duty", some meaning is confirmed through the foreign case law or domestic introduction, other judges or scholars believe that the newly legal relationship that appears similar to the legal obligations of "fiduciary duty", thus invoking and recognizing it as "fiduciary duty", which results in the term to abuse for some reasons. The author believes that the priority to solve this mess is to study the generalization process, thus identifying the scope and content of the concept, which is the very significance of this article.This paper discusses the issue by the following sections:The first part briefly describes the original scope of "fiduciary duties" that existing in the legal relationship of trust trustee obligations, and several important concepts to distinguishment.The second part demonstrates the process of generalization of fiduciary duty in chronological order, thus analyzing the generalization context.The third part analysis the internal problem in generalization dialectical process on the basis of fiduciary duty generalization and the context of research, and further indicates the basic elements of generalization of fiduciary duties.The fourth parts gives two proposed path for specification fiduciary duty to explore the feasibility of constructing Lutheran Relations Act, establishing the final path to resolve factual Lutheran relations.