Fiduciary Duty in a Guanxi Society
Abstract
China has imported the Anglo-American law of fiduciary duty into its corporate statute. I argue that fiduciary duty confronts a problem. Its transplantation is into the rich cultural soil of guanxi, a soil that is incompatible with the equally richly developed culture of fiduciary duty.
This is the first paper to examine the relationship between fiduciary duty and guanxi. I conclude that, while fiduciary duty may take root in the limited (but important) context of self-dealing transactions, it is likely to fail in its essential function of guiding fiduciary behavior in the presence of a guanxi relationship.
Full Text:
PDFDOI: https://doi.org/10.22158/jepf.v8n2p75
Refbacks
- There are currently no refbacks.
Copyright (c) 2022 Ezra Wasserman Mitchell

This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright © SCHOLINK INC. ISSN 2377-1038 (Print) ISSN 2377-1046 (Online)