Lexis Nexis Complex Issues in California Family Law-Volume A
Publisher: Matthew Bender
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Fiduciary Duties—Nature and Effect: Understanding Interspousal Fiduciary Duties in Current Family Law Practice
Understand new interspousal fiduciary duties, especially presumption of undue influence in every interspousal transaction and heightened postseparation duty to disclose. Delivers the reasoning to help resolve issues such as:
• Money: If money is involved, so are interspousal fiduciary duties. Explains basis and breadth.
• Interspousal Agreement or Transfer: Identifies basis in law for presumption of undue influence and invalidity.
• Revised Uniform Partnership Act: Explains rules that govern nonmarital business partners—and spouses.
• Postseparation Duty of Disclosure: Describes extent of duty that commences at separation—not when an attorney is hired or a Petition or Response is filed.
Understand new interspousal fiduciary duties, especially presumption of undue influence in every interspousal transaction and heightened postseparation duty to disclose. Delivers the reasoning to help resolve issues such as:
• Money: If money is involved, so are interspousal fiduciary duties. Explains basis and breadth.
• Interspousal Agreement or Transfer: Identifies basis in law for presumption of undue influence and invalidity.
• Revised Uniform Partnership Act: Explains rules that govern nonmarital business partners—and spouses.
• Postseparation Duty of Disclosure: Describes extent of duty that commences at separation—not when an attorney is hired or a Petition or Response is filed.
Table of Contents
A1 Point of View
A2 Evolution of Fiduciary Duty in California Family Law: 1849–1999
A3 Statutory Spousal Fiduciary Duties for a New Millennium
A4 Overview of the Scope, Nature and Extent of Spousal Fiduciary Duties
A5 Presumption of Undue Influence
A6 Current Statutory Interspousal Fiduciary Duty: A Detailed Analysis of Family Code § 721 as Amended by SB 1936
A7 Comparison of Duties and Obligations Set Forth in Corporations Code §§ 16403, 16404 and 16503 and the Family Code
A8 Fiduciary (Corporate) Opportunity Doctrine
A9 Where Do We Go from Here?
Appendices
Index
