Boston University School of Law

Towards Universal Fiduciary Principles

Tamar Frankel

Boston University School of Law Working Paper 12-09


This Article focuses on unifying fiduciary law in Civil Law and the Common Law systems. The problems that fiduciary law addresses are similar throughout history and in all societies. However, the legal systems which address these problems differ. While in the Common Law fiduciary law is founded on property law, in the Civil Law similar fiduciary principles are found in the category of contract. However, the reach and basis of contract law in each system differ. Common Law judges tend to strictly enforce the parties’ contract terms while Civil Law allows for far more judicial discretion to impose fairness principles on the parties’ contract terms. This Article offers a number of ways in which the two systems of law can coincide and concludes and suggests by-passing the differences between the two systems by focusing on the results reached in each and at the same time following the models of dual systems.

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Suggested Citation:

Frankel, Tamar, "Towards Universal Fiduciary Principles ". BU Law Working Paper No. 12-09: SSRN Paper No. 2009365.

Tamar Frankel Contact Information

Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215

Phone: (617) 353-3773


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