<論説>株式会社発起人の法律的概念について : 英米会社法に関連して

概要

論文の詳細を見る
"What is the Grunder?" is a question different from "Who is the Grunder?" When the problem of the Grunder is considered from the view-point of comparative law, the criterion should be sought for in the legal concept of the Grunder, not in the answer to the question "Who is the Grunder?" The juridical meaning of the Grunder may be defined as indicating the subject of juridical relations at the time of the incorporation of a company. In Japanese Corporation Law the Grunder is the signer of the articles (or the incorporation paper). The signer of the articles corresponds to the subscriber of memorandum in England and the incorporator in America. Thus in the English and the American Law the Grunder should be taken as corresponding to the promptor, who substantially participates in the incorporation. Thus it may be concluded that in Japanese Corporation Law the qualification of the Grunder is a formal condition represented by the act of signature in the incorporation articles, while in the English and the American Law it is a substantial condition represented by the actual participation in the incorporation.
関西学院大学の論文
1959-10-20