米国法におけるいわゆる「コオポレイシヨン」の概念(一)--その法人性と関連して--

( Max 2000 Items )
URI http://shark.lib.kagawa-u.ac.jp/kuir/metadata/4230
Title
米国法におけるいわゆる「コオポレイシヨン」の概念(一)--その法人性と関連して--
Title Alternative
Corporate entity or personality
File
Description

It has been generally considered that the separate corporate entity or personality is the privilege or attribute most characteristic of the Corporation. But, for a long while, the question is fought out on the issue of the corporate Person in Anglo-American law. Is the corporate person ""real"" or ""fictitious""? Is it ""natural"" or ""artificial""? When the arguments for these questions are analyzed, it will be found that in most cases and books what is contended for is rather the doctrine that the corporate Person is no more ""fictitious"" than the so-called ""real"" and ""natural"" persons, who equally depend on deliberate human contrivance and playful imagination of their rights to be called ""persons."" In the ordinary literature and the common speech, by a ""person"" is meant necessarily a human being, but, when used as a technical term in law, ""Person"" does not mean a human being but a group of legal relationships. For this analysis, we need a legal algebra. To speak of the corporation as being a ""legal person"" is a convenient figure of speech used to describe it as a legal unit, a separate concern with a capacity to hold property. That is to say, the application of the ""corporate person"" is a matter of necessity and convenience. But, in many American cases, the courts place limitation upon the privilege of corporate entity separate and apart from its shareholders. These are usually expressed in terms of ""piercing the corporate veil,"" or ""disregarding the corporate fiction"", or ""looking at the substance rather than at the form"". The object of this article consists in the analysis and introduction of the legal nature of corporation and the corporate entity as a solvent of legal problems in American Corporation Laws.

Author
著者 蓮井 良憲
著者(ヨミ) ハスイ ヨシノリ
著者(別表記) Hasui Yoshinori
Publication Title
香川大学経済論叢
Volume
26
Issue
4
Start Page
34
End Page
52
Publisher
香川大学経済研究所
Published Date
195402
ISSN
0389-3030
NCID
AN00038281
Resource Type
Departmental Bulletin Paper
Language
jpn
Text Version
publisher
Set
香川大学
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