A Study of Transplantation/Transformation of Trust Duties and Remedies into Corporate Management

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380107
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Kyushu University
• Principal Investigator: Ueda Junko 九州大学, 法学(政治学)研究科(研究院), 教授 (40267894)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 信託 / エクイティ / 取締役の義務 / 英国会社法 / オーストラリア会社法 / 一般的義務 / 派生的義務 / 義務違反への救済

Outline of Final Research Achievements

This study aims to explore the duties and liability of corporate management who are in positions analogous to fiduciaries in trust relationships in the UK and Australia. There has already been an accumulation of scholarly work in this area, but the introduction and development, along with the provisions of the above duties and liability framework in corporate statutes, has not been fully explained.
Based on fieldwork conducted in the UK and Australia, the study focuses on the background and the development of Equitable duties and remedies and examines the legislative process of statutory duties and remedies. The UK section was partly published as a journal article in 2014, but the current study further develops the theme by taking into account the outcome of a recent UK Supreme Court case (in 2014), while the Australian section is currently being prepared as an academic paper.

Free Research Field

会社法・商法