| ||||||||
FIDUCIARY LAW eJOURNAL"Quistclose Trusts from a Corporate Insolvency Perspective: a Positive and Normative Analysis"
ADAM S. HOFRI-WINOGRADOW, Faculty of Law, Hebrew University of Jerusalem Leading cases show Quistclose trusts being used by companies nearing insolvency. Their use in this context raises serious normative problems: it may prefer the beneficiary to the company’s other creditors, and creates a misleading impression that trust funds are in fact free of trust. Building on the emergent normative literature on Quistclose trusts, we first examine which Quistclose trusts are currently allowed under company law and the law of corporate insolvency. We then discuss the normative question which Quistclose trusts should be allowed, given the principles of these branches of the law. "Restoring Public Trust in Charities: Empirical Findings and Recommendations"
ROSEMARY TEELE LANGFORD, University of Melbourne - Law School This article reports the results of an extensive survey of persons who govern Australian charities (known as ‘responsible persons’) in relation to governance duties and conflicts of interest. These results are significant in light of the complexity of the legal framework governing Australia’s charities sector and in light of the shortage of empirical research into the sector. The results, combined with comprehensive legal analysis, enable critical evaluation of the overall effectiveness of the governance and regulatory system of charities in Australia, in turn enabling recommendations to ameliorate the difficulties caused by complexity and to facilitate improved governance. | ||||||||
^top
About this eJournal
This area includes content relating to fiduciary law in myriad private and public contexts. Fiduciary principles govern a remarkably broad and diverse set of relationships, offices, and institutions. They govern a wide array of professional relationships, including interactions between lawyers and clients, doctors and patients, and investment advisors and clients. They also underlie basic legal categories of relationship, including agency, trusts, and partnerships. They are the basis on which most private and public offices are held and executed. Not incidentally, they provide the core governance framework for the administration of private and public organizations, from corporations, charities, and hospitals to universities and school boards. Both U.S. political theory and international legal theory also share a rich tradition of employing fiduciary principles to explain and justify the exercise of state authority. Cutting across many varied fields of legal studies, the eJournal is designed to serve a cross-indexing function for legal scholars interested in fiduciary law, with the ultimate objective of stimulating communication and cross-fertilization. The eJournal welcomes a broad range of methodological approaches, including those drawn from economics, history, philosophy, political science, psychology, and sociology.
SubmissionsTo submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submissions button at top of page. Distribution ServicesIf your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: sales@ssrn.com Distributed by
| ||||||||
