CORPORATE LAW AND PRINCIPLES OF GOOD FAITH IN MIXED PARTNERSHIP STRUCTURES
Keywords:
mixed partnership, good faith, corporate law, fiduciary duty, conflict of interest, public–private partnership.Abstract
The thesis focuses on exploring the importance of corporate law and good-faith principle in mixed partnership formations involving public and private or partners of different kinds. It introduces and gives the theoretical background of the principle of good faith in law and then performs a comparative legal practice of mixed partnerships set up in Uzbekistan, Russia and the United States (U.S.). The paper explains the role of good faith in supporting fiduciary obligations, conflict of interest management, disclosure requirements and contractual good faith in these partnerships. The current issues and developments (increased transparency obligations and anti-corruption efforts) to promote good faith in the mixed partnership structure are also noted, both in theoretical perspective and in practice (with case law). The conclusion of the thesis is that the principle of good faith is an essential guarantee of trust and good faith in corporate relationships, which allows avoiding the misuse of rights and coordinating the interests of various stakeholders.
References
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