Opting out of Fiduciary Duties: A Response to the Anti-Contractarians

SSRN Electronic Journal 2026 Preprint Open access

Read full text
Authors: Henry N. Butler, Larry Edward Ribstein
DOI: 10.2139/ssrn.6659482
Cited by: 57
References: 38

Abstract

Professors Butler and Ribstein present an extensive analysis of opting out of fiduciary duties, based on the contractual theory of the corporation and a substantial body of economic literature, as well as a comprehensive response to prominent corporate law commentators who have argued that private ordering of corporate manager duties should be restricted by mandatory legal rules.

Fields of Study & Subjects

Legal principles and applications

Publication details

Journal / source
SSRN Electronic Journal
Publisher
Elsevier BV
Volume
65
Issue
1
Pages
1
Publication date
1 January 2026
Language
EN
Document type
Preprint