2015 Fiscal Year Final Research Report
Juridical personality, asset and corporate restructuring --- comparative analysis of the legal concepts
| Project/Area Number |
25780055
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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 | Hokkaido University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 組織再編 / 法人 / 資産 |
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| Outline of Final Research Achievements |
This research tries to uncover the meaning of the Japanese legislative changes on the corporate restructuring regime until 2005, and on the understanding that these changes correspond to the key elements of the international capital market - corporation structure formed and diffused from the 1980s United States, also tries to present a new perspective on the structural problems of the actual structure by examining the legal and historical foundations of those changes. Firstly, focusing on the relation between corporate asset and creditor, it analyzed how juridical personality and corporate restructuring are conceptualized historically vis-a-vis private law concepts in France. Secondly, on the relation between corporation and its members, it analyzed the structural problems of the actual interrelated system of corporate governance - capital market, thus proposed a hypothesis to (re)analyze the theories of the corporation accumulated from 19th century in the light of the modern problems.
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| Free Research Field |
商法
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