2012 Fiscal Year Final Research Report
How can civil law studies make a contribution to facilitate a successful handing-over of small- or medium-sized enterprises?
| Project/Area Number |
22730070
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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 | Chiba University |
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Principal Investigator |
KANEKO Yoshiaki 千葉大学, 大学院・専門法務研究科, 准教授 (80292811)
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| Project Period (FY) |
2010 – 2012
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| Keywords | 企業承継 |
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| 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.
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