private-law-theory.org - Private Law Theory - Obligations, Property, Legal Theory

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ABSTRACT The prevailing orthodoxy is that when a fiduciary accepts a bribe, he holds it on trust for his principal. Much of the academic and judicial discussion has focused on whether this should be so, or rather that the principal’s claim for the bribe should be merely a personal one. The discussions are often confined purely to equitable doctrines. However, a fiduciary’s corruption is not only equity’s problem, but also the concern of the State. This article rejects the proposition that an immediate trust

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