Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur
The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur
Law and Contemporary Problems
Limited liability company (LLC) laws utilize provisions clearly of partnership origin in varying degrees. The adoption of the Uniform Limited Liability Company Act and the LLC are discussed.
Fiduciary Duties And Rupa: An Inquiry Into Freedom Of Contract, J. Dennis Hynes
Fiduciary Duties And Rupa: An Inquiry Into Freedom Of Contract, J. Dennis Hynes
Law and Contemporary Problems
The Revised Uniform Partnership Act of 1994 (RUPA) section 404 establishes a comprehensive definition of partnership fiduciary duties and includes an express recognition of the unique position of a partner. The approach taken by RUPA endorses too great an invasion of the principle of freedom of contract among partners, and a change in the language of RUPA is proposed with the goal of expanding freedom of contract without abandoning the requirement of good faith.
Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott
Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott
Law and Contemporary Problems
Many distinctive consequences of the relationship among partners stem from applicable norms of agency law, but basic agency norms applicable to incorporated businesses are fundamentally different. Agency doctrines that are distinctive to the partnership context are examined, and their consequences and rationales are explored.
Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal
Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal
Law and Contemporary Problems
The contractarian and fiduciary-based positions of the Revised Uniform Partnership Act (RUPA) and the observation that RUPA is internally contradictory and does not consistently adopt either position are discussed. Professor Hynes' discussion of the waivability of fiduciary duties under RUPA is critiqued.
Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner
Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner
Law and Contemporary Problems
The fiduciary duty rules in the Revised Uniform Partnership Act of 1994 (RUPA) are discussed. RUPA represents a major and sufficient move toward a contractarian statement of the law.