fiduciário

Fiduciário is a term derived from the Latin word "fiducia," meaning trust or confidence. In finance and law, it refers to a person or entity who holds assets or property in trust for another party, known as the beneficiary. This relationship is based on a fiduciary duty, which is a legal obligation to act in the best interests of the beneficiary.

Fiduciaries can be found in various contexts. Financial advisors, trustees of estates, executors of wills, and guardians of minors are all examples of fiduciaries. Their responsibilities typically include managing assets prudently, avoiding conflicts of interest, maintaining confidentiality, and acting with loyalty and good faith. The specific duties of a fiduciary are often defined by legal agreements, such as trust deeds or power of attorney documents, as well as by common law principles.

The breach of a fiduciary duty can have serious legal consequences, including civil liability for damages caused to the beneficiary. Courts take fiduciary relationships very seriously, as they are fundamental to the proper functioning of financial markets and the protection of vulnerable individuals. The concept of fiduciary duty emphasizes the importance of trust and integrity in financial and legal dealings.