| Project/Area Number |
14520054
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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 | KYOTO UNIVERSITY |
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Principal Investigator |
MAEDA Masahiro Kyoto University, Law, Professor, 大学院法学研究科, 教授 (50240817)
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| Project Period (FY) |
2002 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥1,500,000 (Direct Cost: ¥1,500,000)
Fiscal Year 2005: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2004: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2003: ¥200,000 (Direct Cost: ¥200,000)
Fiscal Year 2002: ¥300,000 (Direct Cost: ¥300,000)
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| Keywords | enabling rules / mandatory rules / corporate law amendments / deregulation / close corporations / private ordering / selection of organs / 強行法規制 / 種類株式 / 株券不発行制度 / 電子公告制度 / 閉鎖会社 / 公開会社 |
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| Research Abstract |
Corporation law seems to be moving towards enabling and suppletory rules through several amendments in recent years. Although these amendments have been made corresponding to the demand of business world, we should examine why and to what extent corporate law rules are allowed to be enabling rules in contrast with mandatory rules. This research examines recent corporate law amendments from this point of view.
During the term of this research new Corporation Act was enacted to modernize Japanese corporate law system in 2005. Under this new regulation shareholders are allowed to determine their own rules through articles of incorporation much more flexibly than before. For example corporations are allowed to issue more classes of shares, and to choose more sets of organs they should have. Although Japanese corporate law has been improved on the whole by the new Act, but there seems to be not a few subjects still to be examined.
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