Principle of private autonomy in various corporation laws.

2014 Fiscal Year Final Research Report

• Project/Area Number: 24730064
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Hokkaido University
• Principal Investigator: MIYAKE Hajime 北海道大学, 大学院法学研究科, 准教授 (30621461)
• Project Period (FY): 2012-04-01 – 2015-03-31
• 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

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.

Free Research Field

社会科学