Title: Towards sustainable fiduciary duties in private law

Authors: Vaidas Jurkevičius; Dominyka Šeputaitė; Raimonda Bublienė

Addresses: Institute of Private Law, Law School, Mykolas Romeris University, Ateities st. 20, 08303 Vilnius, Lithuania ' Institute of Private Law, Law School, Mykolas Romeris University, Ateities st. 20, 08303 Vilnius, Lithuania ' Faculty of Business Management, Department of Law, Vilnius Tech, Saulėtekio al. 11, 10223 Vilnius, Lithuania

Abstract: In private law, fiduciary duties are in general linked to fiduciary relationships, i.e., when a fiduciary relationship exists, the parties are deemed to have corresponding fiduciary duties. However, this study shows that fiduciary relationships and fiduciary duties should not always be equated. This article seeks, first of all, to shed light on the interplay between fiduciary duties and fiduciary relationships, as well as to clarify which particular duties can be considered fiduciary. The authors then seek to reveal the specific cases in which fiduciary duties arise and explain their content to ensure the sustainability in these relationships governed by private law. Thereby, a conclusion is made that certain subjects of fiduciary relationships, such as, for example, the manager of the company, the bank and the trustee, have fiduciary duties, but this is not the case for, as an example, the insurer and the doctor.

Keywords: fiduciary duties; sustainability; private law; beneficiary; fiduciary.

DOI: 10.1504/IJLC.2024.137497

International Journal of Learning and Change, 2024 Vol.16 No.2/3, pp.283 - 306

Received: 14 Sep 2022
Accepted: 12 Apr 2023
Published online: 21 Mar 2024 *

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