2012 Fiscal Year Final Research Report
An Analysis of Legal System on Regulating the Conflict of Interests of Shareholders in Mergers and Acquisitions
| Project/Area Number |
23730090
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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 | Kobe University |
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Principal Investigator |
IIDA Hidefusa 神戸大学, 大学院・法学研究科, 准教授 (80436500)
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| Project Period (FY) |
2011 – 2012
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| Keywords | 民事法 / 企業買収 / 会社法 / 株式買取請求権 / M&A |
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| Research Abstract |
I explore the central question facing the law of mergers in Japan: Is the appraisal remedy the best rule to regulate the conflict among shareholders in mergers? In my research, I demonstrate that the appraisal remedy can serve as a screening function which ensures that the decision of the shareholders’ meeting on mergers is value-increasing. This understanding explains what problems the current rule can and cannot solve.
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