literature Comparative English original

The Doctrine that Dared Not Speak its Name: Anglo-American Fiduciary Duties in China's 2005 Company Law

A classic comparative analysis of how fiduciary-duty ideas entered Chinese company law, and how statutory language and case law interact with Anglo-American concepts.

Use It For

Use this to introduce the risk of importing common-law duty labels without examining Chinese institutional context.

Teaching Notes

It pairs well with Caremark and Van Gorkom because students can compare doctrinal vocabulary with enforcement pathways.