european corporate governance instituto ECGI Working Paper Series in Law Fiduciary Duty in Transitional Civil Law Jurisdictions Lessons from the Incomplete Law Theory* Working Paper N. 01/2002 October 2002 Katharina pistor enggang Au *We are indebted to Dimitri Gavriline, Moscow(Russia), and Professor Stanislaw Soltysinski Warsaw(Poland) for locating relevant case law. We would also like to thank participants at the authors' workshop and the conference on"Global Markets, Domestic Institutions: Corporate Law ind governance in a new era of cross-border deals"held at Columbia law school in October 2001 and April 2002 respectively. Special thanks to our commentator at the conference, Reinier Kraakman, and to the participants at the seminar on Politics, Law and Development and NYU Law School, in particular to the chair of that seminar, Lewis Kornhauser. All remaining errors are those of the authors o Katharina Pistor and Chenggang Xu 2002. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including C notice, is given to the sourceECGI Working Paper Series in Law Working Paper N°. 01/2002 October 2002 Katharina Pistor Chenggang Xu Fiduciary Duty in Transitional Civil Law Jurisdictions Lessons from the Incomplete Law Theory* *We are indebted to Dimitri Gavriline, Moscow (Russia), and Professor Stanislaw Soltysinski, Warsaw (Poland) for locating relevant case law. We would also like to thank participants at the authors’ workshop and the conference on “Global Markets, Domestic Institutions: Corporate Law and Governance in a New Era of Cross-Border Deals” held at Columbia Law School in October 2001 and April 2002 respectively. Special thanks to our commentator at the conference, Reinier Kraakman, and to the participants at the seminar on Politics, Law and Development and NYU Law School, in particular to the chair of that seminar, Lewis Kornhauser. All remaining errors are those of the authors. © Katharina Pistor and Chenggang Xu 2002. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source