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🎗 | Katsuyuki Kawai said that he would donate the amount equivalent to the parliamentary expenses after the arrest.


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Katsuyuki Kawai said that he would donate the amount equivalent to the parliamentary expenses after the arrest

 
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When asked about what he wanted to do in the future, he said, "I would like to donate the amount equivalent to the annual expenses of members from arrest to resignation to non-profit corporations and organizations."
 

Defendant Katsuyuki Kawai, who is accused of violating the Public Offices Election Act, said in a trial, "The amount equivalent to the parliamentary expenses from arrest to resignation ... → Continue reading

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Amount equivalent to parliamentary expenses

Corporation

Corporation(Hojin,alone: juristische Person,Buddha: Corporation,British: juridical person) IsNatural personOther thanlawByPeopleIt means what is said to be.The "person" here isrightobligationCan be the subject ofQualifications/Licenses(Power) Is recognized.

Overview

A legal entity means a group of individuals with a certain purpose (association) or property contributed for a certain purpose (foundation).[1].

The corporate system has the following roles.

  • By treating these as legally independent rights, actors, and responsibilities, it is possible to easily handle these external and internal relationships.[2].
  • By separating the personal property of the members of the group and the property unique to the corporation, it is possible to manage and operate as a group.[2].

There is a theoretical dispute about the meaning of acquiring legal personality, but 1. It is possible to become the subject of rights and obligations in the name of a corporation, 2. The ability to be a party to a civil lawsuit is recognized, 3. Civil execution on corporate property In order to do so, it is necessary to address the corporation, 4. The individual creditors of the members cannot pursue the property of the corporation, 5. The limited liability of the individual members to the creditors of the corporation, etc. Can be considered[3]..しかし、これらの法的効果は法制度や法人の種類によって異なっており(例えば日本のHowever, these legal effects differ depending on the legal system and the type of corporation (for example, Japan).Partnership companyIs a corporation, but employees have unlimited liability to the creditors of the corporation and do not meet the requirement of 5), and it is difficult to accurately sort out the meaning of acquiring legal personality.[3].

In ancient Rome, public institutions, self-governing bodies, political groups, etc., and in the Middle Ages, professional groups and church property played important social roles.[1].

For-profit corporations as economic agents play an important role in modern society[1].

In addition, activities such as non-profit organizations (NPOs) and non-governmental organizations (NGOs) are becoming active.[1].

The essence of a corporation

The essence of corporations has been the subject of great controversy in the legal community (especially Germany) since the 19th century.[4][2]..In the essence of a corporation, there are various theories.

Corporate fiction theory
In the corporate fiction theory, the legal entity is originally only one individual, and the corporation legally defines the individual as an individual.FakeI think that I am doing it.
Corporate reality theory
The corporate reality theory (hojinjitsuzaisetsu) is that there are organizations that act as socially indispensable things in addition to individuals, and that organization is considered to be a legal entity.

However, the theories have come to be considered not to be in a two-dimensional conflicting relationship, and the modern meaning of this argument has been lost to a considerable extent.[4][2].

Type of corporation

Public corporation and private corporation

Constitution,Administrative lawA corporation whose organization and authority are defined by public law norms such as is called a public corporation, and a corporation under private law is called a private corporation.[5]..公法人と私法人の区別は理論的な区別にとどまり、現代では区別の実益が非常に小さくなっているThe distinction between public corporations and private corporations is only a theoretical distinction, and the actual benefits of the distinction are very small in modern times.[4].

Domestic and foreign corporations

A corporation established by domestic law is called a domestic corporation, and a corporation established by foreign law is called a foreign corporation.ただし、法人税法上は本店または主たる事務所が国内にある法人を内国法人、それ以外を外国法人というHowever, under the Corporation Tax Law, a corporation whose head office or main office is located in Japan is called a domestic corporation, and other corporations are called foreign corporations.[5].

Incorporated association and foundation

A corporation based on an association as a unity of people (human group)Corporation, A legal entity based on property (a collection of property) contributed for a specific purposeFoundationTo say[4][5]..人々の団体的結合である社団法人は組合契約と連続性があり、特別な財産の管理を目的とする財団法人は信託契約と連続性があるA corporate juridical person that is a group combination of people has continuity with a union contract, and a foundation for the purpose of managing special property has continuity with a trust contract.[5].

Commercial and non-profit corporations

A for-profit corporation is a corporation that is allowed to distribute material profits to its members.[6]..それ以外の法人が非営利法人であり、法人が物質的利益を得る活動をしても法人の構成員に分配しない限りは営利とは言えないOther corporations are non-profit corporations, and even if a corporation engages in activities to obtain material profits, it cannot be said to be profitable unless it is distributed to the members of the corporation.[6].

In Germany, corporations are divided into two types and disciplined depending on whether they are for profit or not.[6].

For convenience, it may be classified into "commercial corporation" and "public interest corporation", but the presence or absence of commerciality and the presence or absence of public interest are essentially different dimensions.[7]..公益法人の「公益」とは不特定多数の利益を図ることをいうThe "public interest" of a public interest corporation means to make an unspecified number of profits.[8].

In Japan, the Civil Code enacted in the Meiji era divided public interest corporations and commercial corporations, and among those not for profit, only those related to public interest could acquire legal personality as an incorporated association, so it is not for profit but is composed exclusively. Organizations established for the benefit of members (such as alumni associations and clubs) could not obtain legal personality.[6]..この問題を改善するため、2002年にTo remedy this problem in XNUMXIntermediary corporation law, And in 2006Law on general incorporated foundations and general incorporated foundationsWas enacted[9].

Principles of corporate rating

Freedom of associationThe form of legal personality granting and the method of approving legal personality, which social organization should be granted legal personality, are determined based on legislative policies.[10].

  • Corporate statutory principle
    The principle that a corporation is established based on the law[11]..なお、法律上一定の範囲の者に対して設立を強制する場合を強制主義というが、法人格取得の要件による分類とは関係がなく以下のほとんどと結合しうるIn addition, the case of forcing the establishment of a certain range of persons by law is called compulsory principle, but it has nothing to do with the classification according to the requirements for acquisition of legal personality and can be combined with most of the following.[12].
    • Patent principle
      Patent principle is a method that allows the establishment of a corporation by a national act (enactment of a special law, etc.) at a particularly important government-affiliated corporation.[13][10].
    • Permitism
      Permit principle means that the competent authority meets the requirements stipulated by law.AuthorizationA method that allows the establishment of a corporation at (discretionary discretion)[13][10].
    • Authorization principle
      Authorization principle means that the competent authority determines whether the requirements stipulated by law are met.Authorization(Legal discretion) method to allow the establishment of a corporation[13][14]..主務官庁の裁量の余地はほとんどないが、要件が抽象的であり主務官庁の裁量が働く場合があるものThere is little room for discretion of the competent authority, but the requirements are abstract and the discretion of the competent authority may work.[14].
    • Authentication principle
      The certification principle is a method in which the competent government agency confirms that the requirements stipulated by law are met and approves the establishment of a corporation, and there is almost no discretion of the competent government agency.[10].
    • Canonicalism
      CanonicalismIs a method that naturally allows the establishment of a corporation without the approval or permission of an administrative agency if it meets the requirements stipulated by law (especially the requirements for an organization).[13][14].
    • Naturally establishment principle
      Naturally, the establishment principle is a method of naturally recognizing a corporation without going through formal procedures if it becomes a state stipulated by law.[14].
  • Free establishment principle
    A method that naturally allows the establishment of a corporation if certain requirements are met[13]..スイス民法60条は非営利社団法人の設立に自由設立主義を採用しているArticle XNUMX of the Swiss Civil Code adopts the principle of free establishment for the establishment of non-profit corporations[11]..日本では採用されていないNot adopted in Japan[13]..法人の存在が争われた場合に要件が充たされているかどうか判断する必要があり厄介な問題になると指摘されているIt has been pointed out that if the existence of a corporation is disputed, it will be necessary to determine whether the requirements are met, which will be a troublesome problem.[13].

Corporate ability

Power

Corporations have rights and abilities, but the scope is a problem.

Nature restrictions

Rights and obligations such as gender, age, relatives (marriage, adoption, etc.) peculiar to natural persons do not occur in corporations[15][16]..法人には生命権や肖像権などは観念できないCorporations cannot think of life rights or portrait rights[16]..なお、通説では法人にも名誉権はあるので名誉毀損が成立するとしているがIn addition, it is generally accepted that defamation is established because corporations also have honorary rights.[16]There is also a theory that it should be treated as a problem of damage to corporations.[17].

A corporation is a "surviving individual" (Personal Information Protection LawSince it is not Article 2), it is not subject to the protection of the Personal Information Protection Law (however, the officers and employees are treated as such because they are living individuals).

Legal restrictions

Legal personality is recognized by law.法人の能力は法令による制限を受けるCorporate capabilities are restricted by law[18].

Purpose restrictions

A corporation is an organization that is artificially formed with a certain purpose, and its ability is limited to the purpose specified in the articles of incorporation.[18]

Japanese Civil CodeTakes an extremely humble attitude toward the rights and abilities of corporationsCivil Code Article 34In "Corporation, in accordance with the provisions of laws and regulationsArticles of IncorporationEstablished in other basic contractsHave rights and obligations within the scope of the purpose".this is,Anglo-American lawInUltra Vires doctrineIt is due to.The case law flexibly interprets the "scope of purpose" referred to in the same article.八幡製鉄事件のYawata Steel IncidentJudgmentThen, although the rights and abilities are within the scope of the purpose stipulated in the Articles of Incorporation, the scope of the purpose includes not only those specified but also all acts necessary to achieve the purpose of the Articles of Incorporation. ..

Acting ability

The conclusions differ between the corporate fiction theory and the corporate reality theory.In the corporate fiction theory, it is not necessary to recognize the capacity to act because the corporation is only the attribution point of the rights and obligations that the law specifically fictions.AgentBarrelDirectorThe effect of the act of is attributed to the corporation.On the other hand, in the theory of corporate reality, a corporation has its own will and acts according to it, and the ability of the corporation to act is recognized.

Disappearance of corporation

Even if the corporation is dissolved, the legal personality is not lost at once, and there is a liquidation procedure as a legal cleanup.[19].

Dissolution of a corporation means confirming the start of liquidation procedures[19]..解散した清算中の会社も一定の制限のもとで法人格は有しており、法人格は清算の結了によって消滅するThe liquidated company that has been dissolved also has legal personality under certain restrictions, and the legal personality will disappear when the liquidation is completed.[19].

Corporations in each country

Japan

France

Source

  1. ^ a b c d Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 134.ISBN 978-4535515963.
  2. ^ a b c d Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 135.ISBN 978-4535515963.
  3. ^ a b Hideki Kanda "Company Law 16th Edition"Hirobundo, 4.ISBN 978-4335304606.
  4. ^ a b c d Eiichi Hoshino "Introduction to Civil Law I Revised Edition" Good Book Promotion Association, p. 121.ISBN 978-4656300110.
  5. ^ a b c d Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 141.ISBN 978-4535515963.
  6. ^ a b c d Eiichi Hoshino "Introduction to Civil Law I Revised Edition" Good Book Promotion Association, p. 124.ISBN 978-4656300110.
  7. ^ Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 144.ISBN 978-4535515963.
  8. ^ Eiichi Hoshino "Introduction to Civil Law I Revised Edition" Good Book Promotion Association, p. 123.ISBN 978-4656300110.
  9. ^ Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 132.ISBN 978-4535515963.
  10. ^ a b c d Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 139.ISBN 978-4535515963.
  11. ^ a b Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 138.ISBN 978-4535515963.
  12. ^ Eiichi Hoshino "Introduction to Civil Law I Revised Edition" Good Book Promotion Association, p. 126.ISBN 978-4656300110.
  13. ^ a b c d e f g Eiichi Hoshino "Introduction to Civil Law I Revised Edition" Good Book Promotion Association, p. 125.ISBN 978-4656300110.
  14. ^ a b c d Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 140.ISBN 978-4535515963.
  15. ^ Eiichi Hoshino "Introduction to Civil Law I Revised Edition" Good Book Promotion Association, p. 129.ISBN 978-4656300110.
  16. ^ a b c Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 140.ISBN 978-4535515963.
  17. ^ Eiichi Hoshino "Introduction to Civil Law I Revised Edition" Good Book Promotion Association, p. 130.ISBN 978-4656300110.
  18. ^ a b Shoji Kawakami "Lecture on General Rules of Civil Law"Nippon Hyoronsha, 140.ISBN 978-4535515963.
  19. ^ a b c Eiichi Hoshino "Introduction to Civil Law I Revised Edition" Good Book Promotion Association, p. 148.ISBN 978-4656300110.

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