Japan Society for the Promotion of Science:Grants-in-Aid for Scientific Research
Date (from‐to) : 2012/04 -2015/03
Author : SHINDO Akiko, SEGAWA Nobuhisa, TAKAMI Susumu, FUJIWARA Masanori, YAMAMOTO Tetsuo, SHIMA Takuya, YAMAMOTO Shuhei, KITAMI Ryoji
(1) From a substantive law perspective, we focused on a tortious risk in the financial market. Specifically, we examined the fraudulent misrepresentation cases in the financial statements of the company in Japan, England and Germany. We analyzed that the liabilities in these cases were decided on the balance between the scope of the duty owed by the defendant company and the assumption of the market risk by the plaintiff shareholders.
(2) From a procedural law perspective, we researched a new system, Kinyu ADR (Financial Alternative Dispute Resolution), and a new statute, Shohisha Saiban Tetsuzuki Tokurei-Ho (Consumer Action Procedure Act). We examined the effectiveness of the law enforcement through these new systems.
(3) In light of the globalization in the financial market, we made conflict-of-laws analyses on applicable laws and states’ jurisdictions (especially, judicial and executive jurisdictions) related to cases with some international factors within them.