Principle of private autonomy in various corporation laws.
| Project/Area Number |
24730064
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Hokkaido University |
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Principal Investigator |
MIYAKE Hajime 北海道大学, 大学院法学研究科, 准教授 (30621461)
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Project Status |
Completed (Fiscal Year 2014)
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| Budget Amount *help |
¥4,030,000 (Direct Cost: ¥3,100,000、Indirect Cost: ¥930,000)
Fiscal Year 2014: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2013: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
Fiscal Year 2012: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
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| Keywords | 会社法 / 協同組合 / 相互会社 / 強行法 / 合名会社 / 合資会社 / 組合 / 持分会社 / 商法 / 当事者自治 / 定款自治 |
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| Outline of Final Research Achievements |
I studied private autonomy in various company forms.
(1)A mutual insurance company: In Japan, it is thought that articles of the companies are completely different from articles of the contracts. But in this study, I received a suggestion from a precedent in Federal Court of Justice of Germany and made a conclusion that articles of the companies could not be distinguished from articles of the contracts definitely. (2) A cooperative: The German cooperative law, which is considered to be the model in Japanese cooperative laws, is premised to be the forced law. I clarified that it was based on a political reason at that time and does not apply now, and therefore I led the conclusion that there is not a premise of the forced law in Japanese cooperative laws either. In addition, I continued and deepened a study of partnership-like corporation forms, which I have studied.
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Report
(4 results)
Research Products
(7 results)
