Researcher Database

（Last updated : 2023-10-12 17:13:42）

SHIMIZU Madoka

Department / Course College of Law Department of Law

Title / Position Professor

Other Affiliations
1.	College of Law Department of Law
2.	Graduate School of Law
3.	Graduate School of Law

Other Affiliations

Graduate School of Law

Academic background
1.	2010/03 Degree Acquisition	│ Kyoto University LL.D.
2.	2004/04/01～2007/03/31	Doctoral Program (2nd Semester) │ Graduate School, Division of Law │ Kyoto University │ Accomplished credits for doctoral program (Civil law)
3.	2002/04～2004/03	Doctoral Program (1st Semester) │ Graduate School, Division of Law │ Osaka City University │ Completed
4.	1998/04～2002/03	Department of Law │ Faculty of Law │ Osaka City University │ Graduated

Academic background

2010/03
Degree Acquisition

│ Kyoto University LL.D.

2004/04/01～2007/03/31

2002/04～2004/03

1998/04～2002/03

Research activities
1.		Japan Association of Private Law

Research activities

Japan Association of Private Law

Subject of research
1.	Pursuit of Group Profit and Obligation/Responsibility of Director

Subject of research

Research summary
Corporate mergers and the duty and responsibility of directors Directors of companies of a corporate group may be required to act for the benefit of the entire group instead of the benefit of the company they are directors of. On the other hand, under the Companies Act, where only single companies without any connected business relationship with other companies are kept in mind, the director of a group constituent company will be under the obligations of being a good manager and the fiduciary duty of loyalty for the individual company of which he or she is the director of, and is under the obligation to act for the benefit of the said company. Therefore, the act or decision of the director in consideration of the benefit of the entire group following the group management strategy instead of the individual company may constitute a breach of duty and could trigger a negligence of duty responsibility of the director. However, the acts and decisions of the director in consideration of the benefit of the whole group to be immediately assessed as a breach of duty against the individual company is unrealistic and the interpretation and legislation of giving consideration to the necessity and effectiveness of group management is required. This study discusses these issues, mainly using the EU and the French laws as reference.

Research summary

Present specialized field
Civil Law (Keyword：Company Law/ Corporate Law/ Commercial Law)

Present specialized field

Civil Law (Keyword：Company Law/ Corporate Law/ Commercial Law)

Books
1.	2018/12	Commercial Law │ ,pp.30-43, 66-80 (Co-authored)
2.	2015/03	Laws of Corporations │ (Co-authored)

Books

2018/12

2015/03

Papers
1.	2023/03/25	Regulations on Groups of Companies under the European Model Companies Act │ (405=406),pp.319-343 (Sole-authored)
2.	2006	Does the 2005 Reform Improve the Japanese Economy? The Current of Japanese Corporate Governance │ The Journal of Interdisciplinary Economics │ 17 (1-2),pp.25-55 (Co-authored)
3.	2005	The Future of Japanese Corporate Governance: The 2005 Reform │ Zeitschrift für Japanisches Recht │ 10 (19),pp.35-68 (Co-authored)

Papers

2023/03/25

2006

2005