Corporate governance and stockholder's representative action
| Project/Area Number |
10620042
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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 | Hosei University |
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Principal Investigator |
ARATANI Hiroko Hosei University, Faculty of Law, Professor, 法学部, 教授 (80125492)
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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 |
¥2,400,000 (Direct Cost: ¥2,400,000)
Fiscal Year 1999: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 1998: ¥1,400,000 (Direct Cost: ¥1,400,000)
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| Keywords | Shareholders' representative lawsuit / Director / Liability of Company / Class action / ディスクロージャー |
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| Research Abstract |
1 We must realize the role which a representative suit system plays toward the realization of the effective corporate governance again to secure a proper decision making of the company and to maintain wholesome enterprise management. As for this research, I tried an examination about the various problems which the present system have from the point of view done so. As for the responsibility of the director who serves as an employee concurrently, it reached the conclusion that the escalating limitation of that responsibility range should be done based on the degree of a contribution to the director's company, the authority, the job content, and so on.
2 As for the propriety of the suit participation to the defendant director side of the company, it reached the conclusion that this should be denied as a result examined-in detail 【the precedent, theory, the listening comprehension from the persons concerned, and so on】.
3 It became clear that a representative suit system itself didn't exist in Germany as that result. And, it found that the peculiar system that a stockholder exercised personally the right that a company institutes a suit (action sociale ut singuli) was adopted in France.
There are many points which are common to the representative suit system of our country in suit structure in this system. It was verified that it was very useful when it thought about the regulation of our country.
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Report
(3 results)
Research Products
(5 results)
