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l'action "ut singuli"

English translation: derivative action

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02:52 Sep 21, 2000
French to English translations [PRO]
Law/Patents
French term or phrase: l'action "ut singuli"
I know what this means (I think - action by one person), but need to know if we can use this in English. Context, legal action by one shareholder to defend the company's assets against misuse.
Mary
M Lalevee
English translation:derivative action
Explanation:
I think that the equivalent in the U.S. would be "derivative action":

" The derivative form of action permits an individual share- holder to bring "suit to enforce a corporate cause of action against
officers, directors, and third parties." Ross v. Bern- hard, 396 U.S. 531, 534 (1970). Devised as a suit in equity, the purpose
of the derivative action was to place in the hands of the individual shareholder a means to protect the inter- ests of the
corporation from the misfeasance and malfeasance of "faithless directors and managers." Cohen v. Beneficial Loan Corp., 337
U.S. 541, 548 (1949). To prevent abuse of this remedy, however, equity courts established as a "pre- condition for the suit"
that the shareholder demonstrate "that the corporation itself had refused to proceed after suitable demand, unless excused by
extraordinary conditions.""
http://supct.law.cornell.edu/supct/html/90-516.ZO.html

see also the sites below

I think I would use that expression together with the expression "action ut singuli" in perenthesis, stating that this is the words used in the French lagal system.
Selected response from:

Louise Atfield
Grading comment
Thanks for that explanation.
Mary
4 KudoZ points were awarded for this answer

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Summary of answers provided
naderivative actionLouise Atfield
naut singuli
Laura Gentili


  

Answers


8 mins
ut singuli


Explanation:
I have found very few English websites where this Latin expression appears, mainly Canadian and Australian ones.
However, it does appear in the European Journal of International Law, part of the Academy of European Law, a joint partnership of the Harward Law School (see link below), but in the context of international law. Given your context, I would use an English expression.


    Reference: http://www.ejil.org/journal/Vol9/No2/art2-01.html
Laura Gentili
Italy
Local time: 23:12
Native speaker of: Native in ItalianItalian
PRO pts in pair: 49

Peer comments on this answer (and responses from the answerer)
CLS Lexi-tech
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6 hrs
derivative action


Explanation:
I think that the equivalent in the U.S. would be "derivative action":

" The derivative form of action permits an individual share- holder to bring "suit to enforce a corporate cause of action against
officers, directors, and third parties." Ross v. Bern- hard, 396 U.S. 531, 534 (1970). Devised as a suit in equity, the purpose
of the derivative action was to place in the hands of the individual shareholder a means to protect the inter- ests of the
corporation from the misfeasance and malfeasance of "faithless directors and managers." Cohen v. Beneficial Loan Corp., 337
U.S. 541, 548 (1949). To prevent abuse of this remedy, however, equity courts established as a "pre- condition for the suit"
that the shareholder demonstrate "that the corporation itself had refused to proceed after suitable demand, unless excused by
extraordinary conditions.""
http://supct.law.cornell.edu/supct/html/90-516.ZO.html

see also the sites below

I think I would use that expression together with the expression "action ut singuli" in perenthesis, stating that this is the words used in the French lagal system.


    Reference: http://www.lawcom.gov.uk/library/lc246/pt6.htm
    Reference: http://www.azleg.state.az.us/ars/29/831.htm
Louise Atfield
PRO pts in pair: 300
Grading comment
Thanks for that explanation.
Mary
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