1999 Fiscal Year Final Research Report Summary
Basic Research on Civil Responsibility of Senior Officers of Cooperatives
Project/Area Number |
10620038
|
Research Category |
Grant-in-Aid for Scientific Research (C)
|
Allocation Type | Single-year Grants |
Section | 一般 |
Research Field |
Civil law
|
Research Institution | Osaka University |
Principal Investigator |
YOSHIMOTO Ken-ichi School of Law, Osaka University, Professor, 大学院・法学研究科, 教授 (80031863)
|
Project Period (FY) |
1998 – 1999
|
Keywords | non-profit organization / cooperative / limited liability / senior officer / civil responsibility / corporate governance |
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.
|