How can civil law studies make a contribution to facilitate a successful handing-over of small- or medium-sized enterprises?

Research Project

Project/Area Number	22730070
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Chiba University
Principal Investigator	KANEKO Yoshiaki 千葉大学, 大学院・専門法務研究科, 准教授 (80292811)
Project Period (FY)	2010 – 2012
Project Status	Completed (Fiscal Year 2012)
Budget Amount *help	¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000) Fiscal Year 2012: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000) Fiscal Year 2011: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000) Fiscal Year 2010: ¥260,000 (Direct Cost: ¥200,000、Indirect Cost: ¥60,000)
Keywords	企業承継 / 民事法学 / 相続
Research Abstract	It is very common that the wealth of entrepreneurs owning small- or medium-sized enterprise is almost solely composed of the value of the enterprise itself. In such a situation, the institution of forced heirship systematically hinders a smooth handing-over of the enterprise from its owner to one of his/her children or next of kins. This is a matter of how to strike a balance between the two competing requisites, namely equality among successors and unity of enterprise management. In French law a more comprehensive approach is taken than in Japanese law to facilitate a successful handing-over of small- or medium-sized enterprises, which is worth a full research.