Review article
https://doi.org/10.31141/zrpfs.2023.60.150.739
Duty of loyalty among partners in an association of persons
Jelena Arambašić
orcid.org/0000-0002-8604-0294
Abstract
The duty of loyalty is understood as a fundamental principle that characterizes the partnership
relations of each partner in the partnership. Furthermore, this duty represents the content and scope
of their rights and obligations, serving as the main guideline for the partners’ behavior. Its origin can
primarily be found in the legal institute of bona fide, as well as in the preservation of the purpose
of partnership, but also in the fact that partnerships are based on legal relationships that require
a high level of personal cooperation and unhindered mutual trust. However, the specification of
the duty of loyalty is not exclusively subject to objective criteria but must be determined in each
individual situation. Since the duty of loyalty is not merely a theoretical principle, violation thereof
results in legal consequences of varying scope, which depend on the nature of the breach of duty.
Furthermore, the application of this principle cannot be excluded.
Keywords
the duty of loyalty; loyalty obligation; partnerships; membership
Hrčak ID:
311840
URI
Publication date:
20.12.2023.
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