2000 Fiscal Year Final Research Report Summary
Study on the Japanese Law of Commercial Organization and Transactions after the Reform for a new financial system in the Era of the Globalization
| Project/Area Number |
10620045
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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 | Ritsumeikan University |
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Principal Investigator |
YAMASHITA Masahiro Ritsumeikan University College of Law, Professor, 法学部, 教授 (20108781)
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| Co-Investigator(Kenkyū-buntansha) |
DEGUCHI Masahisa Ritsumeikan University College of Law, Professor, 法学部, 教授 (70237022)
TAKEHAMA Osamu Ritsumeikan University College of Law, Professor, 法学部, 教授 (40188214)
SAITO Takeshi Ritsumeikan University College of Law, Professor, 法学部, 教授 (80066688)
SERYO Shingo University of Shiga College of Economics, Associate Professor, 経済学部, 助教授 (90192624)
YAMATE Masashi Ritsumeikan University College of Law, Professor, 法学部, 教授 (70200764)
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| Project Period (FY) |
1998 – 2000
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| Keywords | disposition of company's assets / corporate separation / holding company / insurance contract / protection of consumer / construction of standard contract / EU Law / class action |
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| Research Abstract |
1. Recently, the revolution of the financial system in Japan has greatly prompted the reformation of our industrial structure and a more efficient operation of enterprises, while we also have faced the issues of how we can cope with such a difficult situation and protect the consumer against powerful companies. This situation is influencing (1) what companies' organization should be now, (2) the rules of corporate transactions, and (3) the structure of lawsuits. This research is to focus on these three issues.
2. As to the first issue, we argue that, particularly with the disposition of companies' assets, it can be clone without the shareholders' approval where the company faces economical difficulty, but that is also necessary to rethink that a company can dispose of its assets without the resolution of a shareholder meeting where the assets are transferred between parent and subsidiary companies.
3. In Japan, as in the case of the EU countries, the Consumer Contract Law and the Law on Sale of Financial Products were passed last year, so these laws will come into force this year. We pointed out that it is very important to establish a system of construction of standard form contracts in order to seek the transparency of terms of such contracts. We examined this issue in the context of the construction of the UK insurance policy.
4. Lastly, from the standpoint of consumer protection, we argue that it is appropriate to introduce a class action into our system of lawsuits in order that our public interests will take first preference in accordance with public policy.
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Research Products
(10 results)
