fiduciary contract 中文意思是什麼
fiduciary contract
解釋
信託合同-
The author holds that, bona fides mechanism in chinese contract law should be guided by multiplex standards including the standard of evident unfairness ( unconscionable conduct ), cooperative transaction ( fair dealing, reasonable expectation ) and the fiduciary relationship. it should be a smooth and efficient mechanism based on the rules of pre - contract obligation to negotiate, secondary obligations, the doctrine of change of circumstances and the rules of remedy for breach of contract in good faith, as well as innovative method of case law
作者認為，中國合同法上的誠信機制應該是在「顯失公平標準、合作交易標準和被信任者標準」這一復合誠信標準的指導下，以誠信締約義務制度、誠信附隨義務制度、情勢變更制度、誠信救濟制度等誠信制度為依託，並與判例機制等創新機制相結合而形成的一個通達而高效的機制。 -
" no director shall be disqualified from his office by contracting with the company, nor shall any such contract or any contract entered into by or on behalf of the company in which any director shall be in any way interested be avoided, nor shall any director so contracting or being so interested be liable to account to the company for any profit realised by any such contract by reason only of such director holding that office, or of the fiduciary relations thereby established but it is declared that the nature of his interest must be disclosed by him at the meeting of the directors at - which the contract is determined on if his interest then exists, or, in any other case, at the first meeting of the directors after the acquisition of his interest
不得因董事與公司簽定合同而使其失去董事的資格，不得因該合同的存在或董事與公司簽有涉及董事利益的合同而廢止這些合同，也不得基於董事其職位或以此建立的與公司的信用關系來要求董事對通過該合同獲得的利潤作出解釋，但在此必須聲明，董事必須在合同訂立的董事會上表明其利益的性質，或在任何其它情況下，在獲取利益后的第一次董事會上表明其利益的性質。 -
In accordance with the legislature and theories in different countries, fiduciary benefit exists in the course of entering a contract, which is composed by damage and losses. the scope of fiduciary benefit should be limited in performing benefit on occasion of breaching fiduciary duty, while it should not be limited in performing benefit on occasion of breaching protective duty. this thesis brings forward a proposal on how to calculating losses
通過對各國立法和學說的考察可以看出，信賴利益在締約過程中是存在的，它由所受損害和所失利益兩部分構成，信賴利益的范圍在違反信賴義務的情況下應以履行利益為限，在違反保護義務的情況下則不以履行利益為限；本文還對如何計算所失利益提出了方案。
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