| Project/Area Number |
10620038
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Osaka University |
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Principal Investigator |
YOSHIMOTO Ken-ichi School of Law, Osaka University, Professor, 大学院・法学研究科, 教授 (80031863)
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| Project Period (FY) |
1998 – 1999
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| Project Status |
Completed (Fiscal Year 1999)
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| Budget Amount *help |
¥1,600,000 (Direct Cost: ¥1,600,000)
Fiscal Year 1999: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1998: ¥1,100,000 (Direct Cost: ¥1,100,000)
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| Keywords | non-profit organization / cooperative / limited liability / senior officer / civil responsibility / corporate governance |
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| Research Abstract |
In this research project, I have studied the civil responsibility of senior officers of non-profit organization, especially cooperatives.
The cooperative is an organization which is a non-profit association with a legal personality and a principle of limited liability of members. There are some legal and structural problems of cooperatives. Firstly, members of a cooperative can retire from it freely and require the pay back of their shares in assets of a cooperative despite of members' limited liability. At this point, there should be a critical argument against the case law which admits the appreciation of assets of a cooperative by current value.
Secondly, a cooperative can collect money for expenses from its members despite of members' limited liability. But this means a sort of trade-offs between a limited liability principle and members' liability for expaences. We should reexamine the concept of expenses.
Thirdly, a cooperative has a structural defects on so-called corporate governance because of non-transferability of its shares.
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