2011 Fiscal Year Final Research Report
Intra-group Transactions and the Protection of Minority Shareholders' Interests
| Project/Area Number |
21730085
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Ritsumeikan University (2011)
Kyushu University (2009-2010) |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2011
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| Keywords | 取締役の義務・責任 / 企業グループ / 企業結合 |
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| Research Abstract |
This study discusses how to reconcile the company law rule that obliges directors to pursue solely the interest of the company that he or she represents, with the practice that directors often pursue the interest of a group of companies as a whole, in the context of an intra-group transaction. Researches of French law in this study have the following implications regarding Japanese law : (1) Courts ought to base their rulings on group policy rather than individual transactions. (2) Although it is difficult for courts to evaluate a group policy and decide whether a transaction provides advantages to individual companies, it is useful for them to estimate the relationship between the companies involved in the transaction and evaluate the financial capacity of the company that is disadvantaged by the transaction.
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Research Products
(4 results)
