| Project/Area Number |
22730066
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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 | Hokkaido University |
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Principal Investigator |
KAWAMURA Chikara 北海道大学, 大学院・法学研究科, 准教授 (70401015)
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| Project Period (FY) |
2010 – 2012
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| Project Status |
Completed (Fiscal Year 2012)
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| Budget Amount *help |
¥3,640,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥840,000)
Fiscal Year 2012: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2011: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2010: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
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| Keywords | 組織再編 / 公開買付 / 合併 / 法人 / 企業買収 / 委任 / 金融市場 / 証券市場 |
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| Research Abstract |
This research aims to uncover the meaning of the succession of the legislative reforms on the regime of corporate restructurings introduced after mid 1990’s in Japan. It shows, on the one hand, the legal regime of cash-out merger in the United States, of which those Japanese reforms followed as a model, emerged indivisibly with the close structural relation between the market for corporate control and organization which engendered during the 1970’s. Among that structure, this research extracts the formalization of the legal concepts of “corporation” and “merger” as its most legally remarkable feature, and shows the way those concepts in turn characterizes the structure of the recent financial crisis. Against the background of that whole structure, this research shows on the other hand that the reconsideration of those two concepts from those foundations in Japanese law, which is firmly rooted also in civil law, makes it possible clearly the substantial evaluation and meaning of those reforms.
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