A Legal-Historical Study on the Formation and Practices regarding the Institutions of Corporate Mergers and Acquisitions in China

2014 Fiscal Year Final Research Report

• Project/Area Number: 22330002
• Research Category: Grant-in-Aid for Scientific Research (B)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Fundamental law
• Research Institution: The University of Tokyo
• Principal Investigator: MATSUBARA Kentaro 東京大学, 法学(政治学)研究科(研究院), 教授 (20242068)
• Co-Investigator(Kenkyū-buntansha): KAWAMURA Chikara 北海道大学, 法学研究科, 准教授 (70401015)
• Research Collaborator: ISHIMOTO Shigehiko , 森・濱田松本法律事務所, パートナー
• Project Period (FY): 2010-04-01 – 2015-03-31
• Keywords: 中国法制史 / 会社法 / 企業合併・買収 / 人類学 / 社会構造

Outline of Final Research Achievements

This study aimed at a historical understanding of how traditional Chinese society dealt with the formation of what might be called corporations and their mergers/acquisitions,and to study how such an insight might help us understand certain problems arising in corporate mergers and acquisitions in China today.
Through a collaboration between a legal historian, a practicing lawyer of cross-border mergers and acquisitions in China, and a legal scholar specialising in corporate law, we first reconstructed the social processes whereby lineages and territorial organisations were formed,especially the institutions of property and credit that underpinned the formation and daily practices of these groups.
We went on to present an understanding of certain corporate problems revolving around the tension between long-term social relationships and the need for clear-cut property rights, and applying such understanding to contemporary institutions of shareholding and corporate governance.

Free Research Field

中国法制史