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Fiduciary duty

From Equity

Contract and obligationsLegal professions

What it means

A duty of loyalty owed by someone in a position of trust, such as a trustee, a director or an agent. They must put the other person's interests first and avoid conflicts and secret profits.

Why it travels badly

Civil-law codes spread this across several separate rules, such as duties of loyalty in company law or in the law of agency, and do not have one general concept of a 'fiduciary'.

How other systems say it

Germany

Treuepflicht

A duty of loyalty that arises in specific relationships, such as between a director and the company.

France

devoir de loyauté

A duty found in specific contexts, without a single general fiduciary concept.

Tip for translators and students

Keep 'fiduciary duty' for common-law documents, and translate civil-law duties of loyalty by their own names.

See the Legal Dictionary entry →

Related: Trust, Equity

Updated October 2026. Spotted a mistake? Tell us.

TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.