著者

藤田 真樹

出版者

滋賀大学経済学会

雑誌

彦根論叢 (ISSN:03875989)

巻号頁・発行日

no.402, pp.4-18, 2014

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On June 20, 2014, Japanese Congress passedthe revision of Companies Act. In this amendment,introduction of double derivative actionis drawing the attention of not only academiccommentators but also practitioners. It ispointed that Japanese double derivative actionis mainly influenced by American common law.However American courts and academiccommentators have had difficulty finding a singletheory in support of double derivativeaction. American legal scholars suggested thatdouble derivative suit have two purposes in thesame way as single derivative suit: compensationand deterrence. But American scholarsargued that which the main purpose is.Japanese double derivative suit is also rationalizedby two purposes as well as singlederivative suit by the Japanese Ministry of Justice'sLegislative Council Subcommittee on theCompanies Act. But Japanese Double derivativesuit seemed to be introduced mainlyemphasizing on compensation, Neverthelessrecent Japanese academic trend tend to emphasizeon deterrence in concern of singlederivative suit. I doubt Japanese police makerselected consistent policy concerning doublederivative suit compared with single derivativesuit.Therefore we will take a look at the theoriesof American double derivative action, then wewill check the Japanese double derivative actionfrom a comparative point of view, and pointout the problems of Japanese double derivativeaction.