1996 Fiscal Year Final Research Report Summary
Research on the corporation law model in the turning period
| Project/Area Number |
07620032
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kyushu University |
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Principal Investigator |
MORI Junjiro Kyushu Univ.Law Dep.Professor, 法学部, 教授 (60079001)
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| Project Period (FY) |
1995 – 1996
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| Keywords | OWNERSHIP / SHARE / STOCKHOLDER / CAPITAL MAJORITY / MONITORING SYSTEM / CORPORATE CONTROL |
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| Research Abstract |
The summary of this research is as follows.
1. According to the traditionary corporation law theory, the relation between stockholders and shares is ambiguous. I found the clear triangle relation among shares, stockholders, and capital-majority system.
2. Analysis based on this triangle relation clarified the dynamic structure of the ownership in the corporation.
3. The dynamic structure of the ownership suggests that the Berle-Means thory is insufficient to explain the relation between ownership and management.
4. This research will be connected with the new fundamental corporation law theory which attaches importance to both the logic of the ownership and the logic of the legal control system.
5. We can design the new monitoring system based on this new corporation law theory.
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