This paper introduces a comparative approach of the fi duciary duty of loyalty in European jurisdictions and examines national regulations and jurisprudential understandings of this duty, which is imported from common law. We will pursue the evolution of interpretations in continental law and analyze recent European studies that extend the scope of loyalty to new areas such as personal data protection or efficient use of natural resources by c...

The paper analyzes the jurisprudential recognition of good faith in corporate governance, initially as a condition of the business judgement rule and subsequently as a component of the duty of loyalty. The objective of this paper is not to identify the contours of this duty, rather it will examine different interpretation methods, the most relevant being the identification of good faith as a distinct and selfstanding fiduciary duty in 1995, and...

Governed by its pragmatic and utilitarian feature due to the common-law system from which it originates, leasing has emerged as a need to provide an alternative loan award to provide at the same time the owner of the assets with the possibility to recover the property given to be used by the receiver where the latter no longer wishes, at the end of lease period, to continue any contractual relationship. But as the continentalist legal system do...