Constructing the new legal framework for the corporate reorganization
| Project/Area Number |
26380124
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kumamoto University |
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Principal Investigator |
KAWANO KENICHIRO 熊本大学, 大学院法曹養成研究科, 准教授 (40350293)
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| Project Period (FY) |
2014-04-01 – 2017-03-31
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| Project Status |
Completed (Fiscal Year 2016)
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| Budget Amount *help |
¥4,550,000 (Direct Cost: ¥3,500,000、Indirect Cost: ¥1,050,000)
Fiscal Year 2016: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2015: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2014: ¥1,950,000 (Direct Cost: ¥1,500,000、Indirect Cost: ¥450,000)
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| Keywords | 企業再建手続 / 会社更生 / 民事再生 / 倒産（法）の基礎理論 / 観念的清算 / 清算価値保障原則 / 〈責任財産〉と〈キャッシュフロー〉 / 〈財団型手続〉と〈計画型手続〉 / 企業倒産 / 債権者らの交渉理論 / 責任法的割当 / 倒産法 |
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| Outline of Final Research Achievements |
The legal theory of corporate reorganization in Japan was based on that of straight bankruptcy regulated by the Bankruptcy Act. Along with the straight bankruptcy, corporate reorganization surely consists a part of collective creditors’ remedy. However, we must realize that it also has the aspect of corporate law, and the latter characteristic is becoming more and more important in our economic society today. From such point of view, the new legal qualification of a plan of reorganization is important: It is ‘a combination of a contract between the debtor, creditors and equity, and an invest in the reorganized debtor by creditors and equity holders’（C.J. Tabb）.
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Report
(4 results)
Research Products
(7 results)
