jure imperii

English translation: act jure imperii

08:21 Mar 10, 2009
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: jure imperii
"L’acceptation d’un legs dans le cadre d’une succession sous forme de trust ne constitue pas un acte de jure imperii se rattachant à l’exercice de droits souverains couvert par l’immunité de juridiction."

probably can just leave as is but views from "my learned friends" would be welcome
Mpoma
United Kingdom
Local time: 05:34
English translation:act jure imperii
Explanation:
I would leave it as it is
see example below


ACTS JURE IMPERII AND JURE GESTIONIS. - "There are two conflicting concepts of sovereign immunity, each widely held and firmly established. According to the classical or absolute theory, a sovereign cannot, without its consent, be made a respondent in the Courts of another sovereign. According to the newer or restrictive theory, the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private act or acts jure gestionis. x x x Certainly, the mere entering into a contract by a foreign state with a private party cannot be the ultimate test. Such an act can only be the start of the inquiry. The logical question is whether the foreign state is engaged in the activity in the regular course of business. If the foreign state is not engaged regularly in a business or trade, the particular act or transaction must then be tested by its nature. If the act is in pursuit of a sovereign activity, or an incident thereof, then it is an act jure imperii, especially when it is not undertaken for gain or profit." The service contracts referred to by private respondent have not been intended by the ADB for profit or gain but are official acts over which a waiver of immunity would not attach.
Selected response from:

elodieusa
Germany
Local time: 06:34
Grading comment
thanks
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +2act jure imperii
elodieusa
2sovereign or public act
mohanv


  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
act jure imperii


Explanation:
I would leave it as it is
see example below


ACTS JURE IMPERII AND JURE GESTIONIS. - "There are two conflicting concepts of sovereign immunity, each widely held and firmly established. According to the classical or absolute theory, a sovereign cannot, without its consent, be made a respondent in the Courts of another sovereign. According to the newer or restrictive theory, the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private act or acts jure gestionis. x x x Certainly, the mere entering into a contract by a foreign state with a private party cannot be the ultimate test. Such an act can only be the start of the inquiry. The logical question is whether the foreign state is engaged in the activity in the regular course of business. If the foreign state is not engaged regularly in a business or trade, the particular act or transaction must then be tested by its nature. If the act is in pursuit of a sovereign activity, or an incident thereof, then it is an act jure imperii, especially when it is not undertaken for gain or profit." The service contracts referred to by private respondent have not been intended by the ADB for profit or gain but are official acts over which a waiver of immunity would not attach.

elodieusa
Germany
Local time: 06:34
Specializes in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 10
Grading comment
thanks

Peer comments on this answer (and responses from the answerer)
agree  Sergey Kudryashov
6 mins

agree  Andrée Goreux: Latin words add to the fees.
17 hrs
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1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5
sovereign or public act


Explanation:
http://bulk.resource.org/courts.gov/c/F3/468/468.F3d.1289.05...
Appeal from the United States District Court for the Southern District of Florida.
Before TJOFLAT, CARNES and HILL, Circuit Judges.

A study of the law of sovereign immunity reveals the existence of two conflicting concepts of sovereign immunity, each widely held and firmly established. According to the classical or absolute theory of sovereign immunity, a sovereign cannot, without his consent, be made a respondent in the courts of another sovereign. According to the newer or restrictive theory of sovereign immunity, the immunity of the sovereign is recognized with regard to sovereign or public acts (jure imperii) of a state, but not with respect to private acts (jure gestionis) .... it will hereafter be the Department's policy to follow the restrictive theory of sovereign immunity in the consideration of requests of foreign governments for a grant of sovereign immunity.


mohanv
India
Local time: 10:04
Specializes in field
Native speaker of: Native in TamilTamil
PRO pts in category: 20
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