Relevant bibliographies by topics / Derivative action

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Derivative action'

Author: Grafiati
Published: 4 June 2021
Last updated: 8 February 2022

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Journal articles on the topic "Derivative action"

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Yap, Ji Lian. "Whither the Common Law Derivative Action?" Common Law World Review 38, no. 3 (September 2009): 197–206. http://dx.doi.org/10.1350/clwr.2009.38.3.0185.

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The common law derivative action was developed as a result of decades of case law in common law jurisdictions. Hong Kong and Singapore continue to retain the common law derivative action within their respective legal frameworks, despite both having enacted statutory derivative actions. This paper considers the situations in which the common law derivative action continues to have practical application in each of these jurisdictions. It then considers whether the common law derivative action should be abolished in these jurisdictions, and if so, what consequential changes should be made to the statutory derivative action framework concurrent with this proposed abolition.
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PAYNE, JENNIFER. "“CLEAN HANDS” IN DERIVATIVE ACTIONS." Cambridge Law Journal 61, no. 1 (March 7, 2002): 76–86. http://dx.doi.org/10.1017/s0008197302001538.

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THIS article challenges the commonly expressed view that shareholders wishing to bring a derivative action on behalf of the company must have “clean hands” ie that there must be nothing in the shareholders behaviourwhich renders it unjust to allow the derivative action to proceed. While minority shareholders’ misbehaviour might well have consequences for themselves, such as requiring the repayment of dividends known to have been paid unlawfully, those actions ought, in the normal course of events, to be irrelevant for the purpose of deciding whether to allow a derivative action to proceed. This article suggests some circumstances in which a minority shareholder’s situation or actions may affect the decision to allow a derivative action brought by that particular shareholder to proceed, but these do not spring from the clean hands doctrine, but rather from the particular factual circumstances of the case or from an entirely proper desire on the court’s part to use the derivative action only where it is necessary to achieve justice for the company
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Blomberg, Olle. "From Simple to Composite Agency: On Kirk Ludwig’s From Individual to Plural Agency." Journal of Social Ontology 5, no. 1 (November 20, 2019): 101–24. http://dx.doi.org/10.1515/jso-2019-0023.

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AbstractAccording to Kirk Ludwig, only primitive actions are actions in a primary and non-derivative sense of the term ‘action’. Ludwig takes this to imply that the notion of collective action is a façon de parler – useful perhaps, but secondary and derivative. I argue that, on the contrary, collective actions are actions in the primary and non-derivative sense. First, this is because some primitive actions are collective actions. Secondly, individual and collective composites of primitive actions are also actions in the primary and non-derivative sense. Hence, individual action and collective action are ontologically on a par. Ludwig also exaggerates the contrast between individual and collective action by introducing a “sole agency requirement” in his account of the semantics of singular action sentences. However, sole agency is merely typically pragmatically implicated by singular action sentences, not entailed by them. If I say, “I turned on the light”, after we each flipped one of two switches that together turned on the light, then I might be misleading the audience, but what I say is true. Finally, I argue that, contra Ludwig, individuals often have “I-intentions” to bring about an event that can be satisfied even if there are co-agents who bring about the event in the same way.
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SHIMA, KAZUNARI, and MOTOMU TSUDA. "LINEARIZING N=1 NONLINEAR SUPERSYMMETRY WITH HIGHER DERIVATIVE TERMS OF A NAMBU–GOLDSTONE FERMION." Modern Physics Letters A 19, no. 18 (June 14, 2004): 1357–63. http://dx.doi.org/10.1142/s0217732304013994.

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We investigate for N=1 supersymmetry (SUSY) the relation between a scalar supermultiplet of linear SUSY and a nonlinear (NL) SUSY model including apparently pathological higher derivative terms of a Nambu–Goldstone (N-G) fermion besides the Volkov–Akulov (V-A) action. SUSY invariant relations with higher derivative terms of the N-G fermion, which connect the linear and NL–SUSY models, are constructed at leading orders by heuristic arguments. We discuss a higher derivative action of the N-G fermion in the NL–SUSY model, which apparently includes a (Weyl) ghost field. By using this relation, we also explicitly prove an equivalence between the standard NL–SUSY V-A model and our NL–SUSY model with the pathological higher derivatives as an example with respect to the universality of NL–SUSY actions with the N-G fermion.
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Quach, Quynh Thuy. "Transplantation of Derivative Actions to Vietnam - Tip-offs from Absence of Academic Debate." Asian Journal of Comparative Law 7 (2012): 1–35. http://dx.doi.org/10.1017/s2194607800000636.

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AbstractDerivative actions have just been newly introduced into Vietnamese company law in 2010. The adoption of the derivative action is a striking signal of Vietnam's affiliation with the litigation bandwagon of East Asian countries. Unlike those Asian countries where the issue of the transplanting and functioning of derivative actions are well-discussed topics in the corporate governance literature, such discussions have not yet begun in Vietnam. In fact, the derivative action was adopted without a domestic academic debate to pave the way for its introduction. The lack of discussion on the one hand is troublesome to those who want to review the transplantation of the derivative action to Vietnam. On the other hand, this absence also detaches the Vietnamese academic debate from the on-going international debate on the subject.Seeking possible explanations for the absence of such debate is the first aim of this article. Towards this end, the article proposes three explanation which help to explain why the derivative action had never been widely discussed in Vietnam before its introduction. Such explanations enable us to better understand the context in which the action was introduced. Moreover, the explanations provide us with hints to predict the feasibility of the derivative action in the jurisdiction. The second aim of this article is to give some suggestions to improve the newly-adopted regulations on derivative actions. For this purpose, some of the ambiguities and deficiencies of the regulations are discussed. Based on the understanding of its surrounding context and its own deficiencies, the article comes up with conclusions on the future of the derivative action in Vietnam.
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CHEN, Vivien. "The Statutory Derivative Action in Malaysia: Comparison with an Australian Judicial Approach." Asian Journal of Comparative Law 12, no. 2 (October 19, 2017): 281–309. http://dx.doi.org/10.1017/asjcl.2017.19.

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AbstractThis article examines the operation of the Malaysian statutory derivative action through an analysis of Malaysian judicial decisions from 2008 to 2015. It considers the extent to which the statutory derivative action has achieved its underlying objective of facilitating better shareholder access to redress. The analysis focuses on applications for leave to bring derivative actions for breaches of directors’ duties, considering the manner in which the courts have interpreted and applied the criteria for granting leave and the rate of success in obtaining leave. The findings are compared with an analysis of Australian statutory derivative actions and situated in a broader comparative context. The article considers the effectiveness of the Malaysian statutory derivative action in facilitating better shareholder access to redress and canvasses possible explanations for the Malaysian approach.
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Zhao, Jingchen. "A more efficient derivative action system in China: challenges and opportunities through corporate governance theory." Northern Ireland Legal Quarterly 64, no. 2 (March 2, 2020): 233–53. http://dx.doi.org/10.53386/nilq.v64i2.344.

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The derivative action is an exception to the rule in Foss v Harbottle1 that was introduced with high expectations during a Chinese company law (CCL) reform that came into effect in 2006. It is vital to combat the abuse of derivative action in China, a country with an emerging corporate governance model, a weak legal system and inefficient enforcement measures. This article examines several deficiencies in derivative actions, with the purpose of arguing for a more effective and positive derivative action rule for the benefit of shareholders and their companies, and also for the development of CCL and the reconstruction of the Chinese corporate governance system. Corporate governance theories will be discussed as theoreticalsupports for a more efficient and enforceable derivative action system in China.
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Tomboulis, E. T. "Renormalization and unitarity in higher derivative and nonlocal gravity theories." Modern Physics Letters A 30, no. 03n04 (January 30, 2015): 1540005. http://dx.doi.org/10.1142/s0217732315400052.

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We review and discuss higher derivative and nonlocal theories of quantum gravity focusing on their UV and unitarity properties. We first consider the general fourth-order gravitational action, then actions containing derivatives up to any given fixed order, and discuss their UV divergences, fixed points and concomitant unitarity issues. This leads to a more general discussion of "asymptotic safety" and unitarity, which motivates the introduction of nonlocal theories containing derivatives to all orders arising from the expansion of entire functions. For such theories good UV behavior is visible at any finite truncation, but unitarity emerges only when derivatives to all orders are included.
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Goo, S. H. "Multiple Derivative Action and Common Law Derivative Action Revisited: A Tale of Two Jurisdictions." Journal of Corporate Law Studies 10, no. 1 (April 2010): 255–64. http://dx.doi.org/10.1080/14735970.2010.11419826.

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Bilousenko, Рetro. "Lexico-word-forming types of nulsufixal nouns in the Ukrainian language of the XI-XIII centuries (male derivatives)." Ukrainska mova, no. 3 (2020): 3–17. http://dx.doi.org/10.15407/ukrmova2020.03.003.

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The relevance of the study of the history of null suffix derivation as an important component of the Ukrainian word-forming system is substantiated. The origin of Proto-Slavic derivatives is revealed with the help of thematic vowels *a, *ŏ, *and, *ŭ, which originally served as a means of noun word formation, their original meaning is no longer restored. It was found that the materially expressed suffixes in the Proto-Slavic language had a specific character, they combined two functions: word-forming and inflectional, which gave rise to call them suffixes-inflections or protonulsuffixal forms. Subsequent common language changes (phonetic, morphological) caused the loss of the material index of origin, while preserving the structural and semantic connections of creative and derivative formations. The description of lexical-word-forming types of null suffix masculine deverbatives in the ancient Russian-Ukrainian language of the XI–XIII centuries is carried out. based on the materials of the first written monuments of the Ukrainian language and lexicographical works that reflect the vocabulary of this period. The selected derivatives have a general word-forming meaning “carrier of a procedural feature” or “objectified action or state”. These groups of derivatives represent lexical-word-forming types of names of persons by permanent or temporary occupation or profession, names of persons-bearers of procedural attribute (behavior, views, family relations, social status, etc.), names of subjects of action as a collective concept. Several attributive names of animals, less often of plants, have been documented. Lexical-word-forming types of null-suffix derivatives in the word-forming field of inanimate objects are described: natural phenomena, natural disasters, names of natural objects, locatives, structures, tools, results of physical or intellectual action, etc. In the group of derivatives with the general word-forming meaning “objectified action or state” groups of derivatives are analyzed, which name the action of greater or lesser intensity as an object, names of human actions (positive or negative) human feelings, desires, inner state, names of intellectual action processes. Selected linguistic facts give grounds to assert that the zero-suffix creation of masculine nouns in the ancient Russian-Ukrainian language was a common phenomenon, which laid a strong foundation for further activation of the zero formant in the noun derivation. Keywords: history of null-suffix derivation, pro-noun suffix formants, general word-forming meaning, lexical-word-forming types, carrier of procedural feature, objectified action or state.
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Dissertations / Theses on the topic "Derivative action"

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Abbas, Aamir. "A functional derivative action framework for Pakistan." Thesis, University of Bedfordshire, 2017. http://hdl.handle.net/10547/622522.

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Company law in Pakistan does not recognise shareholders’ right of derivative action. This situation raises the question as to what extent derivative action, if recognised under the company law in Pakistan, can promote good corporate governance and contribute to reinforce enforcement powers of shareholders as to safeguarding their rights? The purpose of this thesis is twofold. First, this thesis argues that an effective derivative action system could act as a means of disciplining corporate management in Pakistan. Second, it presents it argumentations that other legal and extra-legal managerial disciplinary mechanisms have limitations of their own that support the introduction of a statutory derivative action system in Pakistan. The methodologies used in this thesis are doctrinal, historical, case study, comparative and semi-structured interviews. Doctrinal analysis has been employed when analysing statutes and case law. Case study methodology has been used to exemplify problems of directorial misconduct and providing empirical evidence for carrying out further analysis. A comparative approach has been utilized for which the UK has been chosen for comparative purposes to identify lessons that Pakistan can learn from the UK derivative action system while finding ways for effective use of derivative action system in Pakistan. Semi-structured interviews are aimed at providing an evaluation of the reform proposals. This study contributes to the subject of derivative action in three key ways. First, it provides an in-depth examination of the regulatory framework pertaining to shareholder protection in Pakistan in order to highlight the inherent challenges presented by un-updated legal framework. Second, based on the findings from this thesis, reform proposals are made as to codifying derivative actions, clarifying the procedural route for derivative proceedings and providing a funding mechanism to attract shareholders to bring derivative actions to enforce corporate rights. Third, suggestions proposed in this thesis are supported by both the opinions of the interviewees and original research on judicial experience of other jurisdictions, particularly the UK. The findings made in this study and proposals have implications for law reforms and are expected to inform practitioners, academics, legislators and policy makers on the way forward in reforming shareholder protection in Pakistan. Thus, this thesis would inform reforms in the company law in order to strengthen the enforcement power of shareholders and ensure corporate accountability in Pakistan.
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Zuk, J. A. "Derivative expansion of the one-loop effective action." Thesis, University of Oxford, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.355815.

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Jiang, Yun. "Comparative study on the history of derivative action." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525657.

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Cabral, Harsha, and n/a. "Corporate law, derivative actions : a comparative approach." University of Canberra. Law, 1999. http://erl.canberra.edu.au./public/adt-AUC20060622.163443.

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This thesis is a culmination of a research of a particular branch of Corporate Law, which has grown in several major parts of civilized jurisdictions. The thrust of the study was to evaluate the past, present and the future of a particular type of action known in Corporate Law under the umbrella of shareholder remedies - the 'Derivative Action' with emphasis to develop the law in one jurisdiction profiting from another. The research thus reveals how, when and where the so called action originated, the initial effects these actions had on the corporate world including shareholders, companies and related persons natural or juristic. Though much has been written by way of books, treatises and articles and several researches have dealt with the common topic shareholder remedies in its broad perspect, there is no separate study carried out on this topic in its global context with a comparative focus. This study has therefore given me the drive, initiative and courage to look at the conceptual view or the macro view of the so called 'Derivative Action' with of course special emphasis on the Australian and Sri Lankan jurisdictions in its micro aspects. This, I believe is the first time anyone has undertaken such a task. The study thus travels through distant roads of common law action to the statutory form of the action in the relevant jurisdictions and finds it driving with much purpose in jurisdictions such as Australia and Sri Lanka which are both in the transitional era from the common law action to the statutory action. The research is based on the collection of material namely, case law - Australian, Sri Lankan and international on the matters in issue, Legal treatises on the subject matter local and international, Law reform material - Australian, Sri Lankan and international on the topic, Bills and Statutes available on the topic in Australia, Sri Lanka and other countries. I have met resource personnel with regard to Law Reform in several jurisdictions on the matters in issue and visited the Australian Stock Exchange and the Colombo Stock Exchange. The research findings depend mainly on the electronic data available in addition to resources available at the University of Canberra, the Australian National University, Colombo Law Library, The Colombo Law Society Library and the Sri Lanka Supreme Court Judges' Chambers Library and the Sri Lanka Attorney General's Department Library. Visits to the McGill University in Montreal, Canada and the corporate law sector in New Zealand, including Universities and Law Offices in Christchurch and Auckland too has helped me considerably in the process. Review of the literature of the proposed statutory Derivative Action in Australia and the proposed statutory Derivative Action in Sri Lanka, are based mainly on; Enforcement of the duties of directors and officers of a company by means of a statutory derivative action (Report No. 12) Companies and Securities Law Review Committee. (November 1990.), Corporate Practices and the Rights of Shareholders (Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs) Parliament of the Commonwealth of Australia. (November 1991.), Report on A Statutory Derivative Action Companies and Securities Advisory Committee. (July 1993.), Corporate Law Economic Reform Program (CLERP) Proposal Paper No 3 (1997), the CLERP draft legislative provisions (1998), Australian case law on the application of the common law Derivative Action, both in the High Court and in individual States and Australian articles on Derivative Action as a common law remedy and on the introduction of the statutory action. In the Sri Lankan context, the proposals in Sri Lanka for the statutory Derivative Action and the case law in Sri Lanka on the application of the common law remedy has been referred to. Other literature include, material available on the Canadian formula of Derivative Action, including Statutes, Rules, case law, articles and other relevant data, material available on the Derivative Actions in the United States, material available in New Zealand on Derivative Actions, material available in England on Derivative Actions, namely on the common law approach, case law, articles, Bills, Rules and other connected material, Statutes on Derivative Actions in other jurisdictions at present and Hong Kong proposals for a statutory Derivative Action, to name some. The aforesaid material and the review of the same have assisted the study as follows: -To place the past, present and the future of the common law Derivative Action. -Examine the objectives of the Derivative Action. -The operation of the common law aspects of the action. -The benefits of the statutory form of the action. -Experiences of other countries in the recent past on the subject. -The Australian reform process presently underway. -The best experiences in Australia with regard to case law. -To evaluate whether the remedy should be limited to fraud on the minority or whether it should be extended further even to negligence. -How best Sri Lanka could benefit from the Australian formula of the statutory form of the action. -To evaluate whether the proposed model of the statutory action in Sri Lanka is adequate in view of the Australian and other accepted formulae on the subject. -Whether the common law action should be expressly abolished in Sri Lanka. -Consider the possible introduction of the best methods to Sri Lanka. Finally, the research speaks for itself the need for a statutory Derivative Action for Sri Lanka in the future, to be an improvement on the Canadian, New Zealand and Australian models. The research findings, especially in its conclusions and recommendation in Chapter 8, will no doubt help to improve the proposed statutory Derivative Action in Sri Lanka in a small way.
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Weir, William Alexander. "Higher derivative terms and their influence on N=2 supersymmetric systems." Thesis, Durham University, 1999. http://etheses.dur.ac.uk/4290/.

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This thesis is concerned with so-called higher derivative terms which arise in low energy approximations to certain physical models. In particular, the aim is to investigate the role that such terms play in low energy N=2 supersymmetric gauge theories in 4 dimensions, with gauge group SU(2).Chapter one serves as an introduction to the notions of supersymmetry and superfields. The problem of constructing an effective action which describes the low energy dynamics is introduced, and the construction of the Wilsonian action in terms of light and heavy modes is developed. The concept on a derivative expansion is also described. Chapter two introduces N=2 supersymmetric gauge theories with spontaneous symmetry breaking. It is observed that such systems always have a Bogomolnyi bound, and the consequences are discussed. We then develop a derivative expansion of this system in terms of N=2 superfields, drawing particular attention to the next-to- leading order derivative term (that is, those with 4 derivatives/8 fermions). The duality properties of such a term are reviewed, and their impact on the mass formula discussed. Conclusions are drawn as to their influence on the results of Seiberg and Witten. Chapter three deals with a non-renormalisation theorem for the next-to-leading order higher derivative term proposed by Dine and Seiberg. This states that instanton contributions to such a term in massless N=2 SU(N(_c)) gauge theories vanish when the number of flavours N(_f) = 2N(_c). We prove this result using the ADHM formalism for multi-instantons in the case N(_c) = 2.
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Zhang, Zhong. "Derivative action and good governance in China : : economic theories and legal rules." Thesis, University of Manchester, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488053.

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Reisberg, Arad. "The derivative action as a corporate governance tool : a functional and focused approach." Thesis, University of Oxford, 2005. https://ora.ox.ac.uk/objects/uuid:d1e73f2c-0d9b-4ece-ba72-52ed555c5d26.

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This thesis of 98,273 words is concerned with one of company law's most thorny aspects: the derivative action. The thesis has both a positive and a normative dimension. It takes a position about the role that derivative action litigation should have in the corporate governance matrix. This is the realm of the normative, the domain of what some political philosophers call 'ideal theory'. However the analysis here aims not to be merely a philosophical flight of fantasy about how things ought to be, but rather aims to provide insight into current practice and to suggest substantive viable improvements. In view of this, this analysis can be used both to understand substantial and procedural rules governing the derivative action and judicial decisions in this area, and to suggest how problems should be resolved in the future, judicially and legislatively. First, the thesis attempts a fundamental rethink of the content of the derivative action and its objectives. It attempts to clarify the nature of the action and the circumstances in which its application may be deemed propitious. The thesis then focuses on and examines the conditions that may produce a positive inducement to litigate. It expresses a view on what might be the optimal level of such litigation with a view to enhancing the potential effectiveness of the action. Crucially, it strongly links the actual viability of derivative actions to funding mechanisms, namely developing adequate means to fund derivative actions so as to make them worthwhile financially. Finally, the thesis argues that it is vital to clarify the interaction between the primary remedies available to shareholders. More specifically, the thesis calls for action on three complementary levels, namely, conceptual the adoption of a new framework in the guise of the Functional and Focused Model ('FFM') to govern derivative action litigation; strategic the employment of appropriate incentives and fee rules which advance the premises behind the FFM; and, finally, maintaining doctrinal consistency - by clarifying the interaction between the derivative action and the unfair prejudice remedy.
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Aleshaikh, Abdullatif Mohammed. "Towards legal reform of Saudi law of directors' duties and of enforcement by derivative action." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30630/.

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Directors’ duties of care and loyalty and their enforcement by derivative action, are important elements in the company law system. Such mechanisms are introduced to ensure that directors are subject to a satisfactory level of accountability and control while managing a company. This research employed the comparative law approach to identifying problems in, and to proposing reform for, the Saudi Arabian law of directors’ duty to act with care and in good faith in the company’s general interests, and to avoid conflicts of interest, with particular focus on the corporate opportunities and self-dealing transactions and the Saudi law of derivative actions. The main objective of this study was to propose a reform of Saudi law of directors’ duties and of derivative actions. By using the company law of the United Kingdom (UK) as benchmark, this study evaluates the clarity, certainty and accessibility of Saudi law and identifies weaknesses and deficiencies. The feasibility of transplanting selective legal ideas and rules from the UK company law to its Saudi counterpart in order to develop a framework for legal reform in Saudi Arabia is examined. The argument here is that the Saudi law of directors’ duties of care and loyalty and derivative actions suffers from serious deficiencies, despite the introduction of the new Companies Law of 2015. While the new Saudi Corporate Governance Regulations 2017 have tackled some issues in the areas of directors’ duties, there is still room for improvement. The uncertainty in the law of directors’ duties and enforcement is sufficient in itself to justify the reform of law. Moreover, the limits of other legal and non-legal mechanisms of accountability in the Saudi context suggest that alternative mechanisms would not adequately ensure the accountability of directors. Throughout the examination of the feasibility of reform by way of legal transplantation, the study takes into account that the UK legal model is only transferable if it can be adapted to fit within the institutional structure and legal environment in Saudi Arabia. This is necessary to ensure proper reception of foreign rules by the new environment of the host country. The finding is that transferability of most UK legal models and rules is feasible. Throughout this consideration of a reform agenda for the Saudi law of directors’ duties and derivative actions, the research has been guided by a policy that requires striking a balance between the need to increase directors’ accountability and the need to protect the directors’ exercise of their managerial authority.
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Sonqishe, Thantaswa Millecent. "Treatment of brines using commercial zeolites and zeolites synthesized from fly ash derivative." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6127_1297842299.

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The objectives of this project was to ameroliate two waste materials, namely Acid Mine Drainage and Fly Ash and recover the solid residues for conversion into an adsorbent to treat brine. The solid residues were then converted into zeolite P through low temperature hydrothermal treatment. The adsorption capacity of the solid residues, zeolite P derived from the solid residues was compared to the commercial zeolite Y and fresh Arnot fly ash. The quality of the resulting water was assessed using different analytical methods before the reaction with adsorbents and after the reaction and a comparison was done based on the removal efficiency of elements Zeolite P from solid residues was successfully synthesized as confirmed by XRD, BET and FTIR. Brine treatment with fly ash, solid residues, zeolite P and commercial zeolite Y adsorbents was done concentration on the following major elements Na, K, Mg, Ca and Si. Zeolite P had higher or similar removal efficiency that the commercial zeolite Y for the following elements K, Ca and Mg. Fly ash is the only adsorbent that managed to reduce the concentration of Na in brine and also had a good removal efficiency of Mg. Si leached out of all the adsorbents which could be ascribed to Si being the major component of these adsorbents which could indicate some dissolution of these adsorbents under the conditions tested. Overall, zeolite P did not completely remove the major elements, especially for Na, but did result in a cleaner waste stream which would improve brine processing.

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Ta, Isabelle. "Le renouveau de l'action oblique." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D070.

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L'action oblique, ou la faculté pour le créancier de préserver son droit de gage général en exerçant les droits et actions négligés par son débiteur, est de ces mécanismes simples que l'on n'interroge plus. Le simple toilettage du texte du Code civil opéré par l'ordonnance du 10 février 2016 conforte cette attitude. La stabilité de son analyse n'est cependant due qu'à d'insatisfaisants compromis. Irréductible à une qualification unique de mesure conservatoire ou de voie d'exécution, la protection du droit de gage général que poursuit le créancier est en réalité duale : le créancier de somme d'argent cherche tantôt à assurer l'efficacité ultérieure de son droit de saisie, tantôt à obtenir immédiatement paiement. Ces fonctions traditionnelles, pour lesquelles l'action oblique est inadaptée, coexistent aux côtés d'une fonction nouvelle : prémunir le créancier d'obligation en nature et le titulaire de droits assimilés de toute atteinte à leurs droits. Mécanisme d'exécution forcée par obligation tierce préexistante, elle peut alors être utilisée en lieu et place de la responsabilité délictuelle du débiteur défaillant à l'égard de certains tiers. Cette évolution de la fonction de l'action oblique était contenue en germe dans son mécanisme. Le renouveau des fonctions s'explique par un renouveau de l'analyse de sa nature. Autorisant l'exercice des droits d'autrui, l'action oblique ne repose pas sur la représentation mais sur un droit propre original de substitution. Sans qu'ils soient réellement modifiés, cette qualification confère une acception nouvelle au domaine et une justification inédite au régime de l'action oblique, et ce tant dans ses conditions que dans ses effets
The derivative action or the right for a creditor to claim the rights and actions of their neglectful debtor to protect their ulterior payment seems so familiar one no longer pays attention to it. This lack of attention seems all the more justified in light of the reform of February 10th 2016, which rewrote the article of the Civil Code without any real modification. But in truth, this understanding of the derivative action rests on unfulfilling compromises. Its understanding is obvious only at first glance. The derivative action can neither be reduced to a conservatory or a binding measure only, as the holder of the derivative action seeks at times to guarantee an ulterior seizing of property, and at other times to recover a debt of money. But these traditional functions, for which the derivative action may not be entirely appropriate, coexist with a newer one : allowing performance for the creditor of a debt in kind and holders of similar rights. Here the derivative action could be an answer to a debtor's liability towards specific third parties. This evolution could already be foreseen in the very mechanism of the derivative action. Actually, the renewed functions of the mechanism can be explained by the renewed attention paid to the analysis of its nature. By allowing one to exert a third party’s rights, the derivative action relies not on representation but on an original right of substitution. This new analysis brings along a new definition of the extent to which one is allowed to exert a third party’s rights, as well as a new explanation about both the circumstances and effects of the derivative action
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Books on the topic "Derivative action"

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Puchniak, Dan W., Harald Baum, and Michael Ewing-Chow, eds. The Derivative Action in Asia. Cambridge: Cambridge University Press, 2012. http://dx.doi.org/10.1017/cbo9780511998027.

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Atarashii kabunushi daihyō soshō: New shareholders' derivative action : corporate governance. Tōkyō: Kōbundō, 2003.

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The derivative action in Asia: A comparative and functional approach. New York: Cambridge University Press, 2012.

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Gong si fa shi jiao xia de gu dong dai biao su song: Dui Yingguo, Meiguo, Deguo he Zhongguo de bi jiao yan jiu = Shareholders' derivative action from the company law perspective : a comparative study on the law of England, US, Germany and China. Beijing Shi: Fa lü chu ban she, 2009.

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Jun heng shi jiao xia de gu dong dai biao su song yan jiu: A study on the shareholder representative action from an equilibrium perspective. Beijing Shi: Zhongguo shi dai jing ji chu ban she, 2012.

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Trades Union Congress. Economic and Social Affairs Department. Who's doing what and why?: Shareholder action at Rio Tinto : an explanation for pension fund trustees and other investors. [London]: TUC ESAD, 2000.

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Shaowei, Lin. Derivative actions in Chinese company law. Alphen aan den Rijn, the Netherlands: Kluwer Law International, 2015.

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DeMott, Deborah A. Shareholder derivative actions: Law and practice. Wilmette, Ill. (3201 Old Glenview Road, Wilmette 60091): Callaghan, 1987.

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Cabral, Harsha. Corporate law, derivative actions: A comparative approach. [Kotte, Sri Lanka]: The Author, 2004.

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Ferrara, Ralph C. Shareholder derivative litigation: Besieging the Board. New York, N.Y. (345 Park Ave., South, New York 10010): Law Journal Seminars-Press, 1995.

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Book chapters on the topic "Derivative action"

1

Weik, Martin H. "derivative action." In Computer Science and Communications Dictionary, 387. Boston, MA: Springer US, 2000. http://dx.doi.org/10.1007/1-4020-0613-6_4751.

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Xie, Liping, Jianchao Zeng, Qiongqiong Yang, and Richard A. Formato. "Adaptive Artificial Physics Optimization Using Proportional Derivative Controllers." In Decision Science in Action, 75–104. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-13-0860-4_7.

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Gürhanlı, Ahmet, Taner Çevik, and Nazife Çevik. "Effect of Derivative Action on Back-Propagation Algorithms." In Advances in Intelligent Systems and Computing, 13–19. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-16681-6_2.

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Green, Alan C. "Shareholder Derivative Action and Corporate Identity in Delaware Jurisprudence." In Signs In Law - A Source Book, 361–77. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-09837-1_33.

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Nisler, Jaroslav. "TDZ: Mode of Action, Use and Potential in Agriculture." In Thidiazuron: From Urea Derivative to Plant Growth Regulator, 37–59. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-8004-3_2.

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Thai, Lang. "Australian Statutory Derivative Action – Defects, Alternative Approaches and Potential For Law Reform." In Ius Gentium: Comparative Perspectives on Law and Justice, 237–54. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-21981-3_12.

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Alvarez-Picallo, Mario, and Jean-Simon Pacaud Lemay. "Cartesian Difference Categories." In Lecture Notes in Computer Science, 57–76. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-45231-5_4.

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AbstractCartesian differential categories are categories equipped with a differential combinator which axiomatizes the directional derivative. Important models of Cartesian differential categories include classical differential calculus of smooth functions and categorical models of the differential $$\lambda $$ λ -calculus. However, Cartesian differential categories cannot account for other interesting notions of differentiation such as the calculus of finite differences or the Boolean differential calculus. On the other hand, change action models have been shown to capture these examples as well as more “exotic” examples of differentiation. However, change action models are very general and do not share the nice properties of a Cartesian differential category. In this paper, we introduce Cartesian difference categories as a bridge between Cartesian differential categories and change action models. We show that every Cartesian differential category is a Cartesian difference category, and how certain well-behaved change action models are Cartesian difference categories. In particular, Cartesian difference categories model both the differential calculus of smooth functions and the calculus of finite differences. Furthermore, every Cartesian difference category comes equipped with a tangent bundle monad whose Kleisli category is again a Cartesian difference category.
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Schofield, Neil C. "Corporate Actions." In Equity Derivatives, 35–43. London: Palgrave Macmillan UK, 2017. http://dx.doi.org/10.1057/978-0-230-39107-9_2.

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Bevilacqua, Vitoantonio, Paolo Pannarale, Giuseppe Mastronardi, Amalia Azzariti, Stefania Tommasi, Filippo Menolascina, Francesco Iorio, et al. "High-Throughput Analysis of the Drug Mode of Action of PB28, MC18 and MC70, Three Cyclohexylpiperazine Derivative New Molecules." In Advanced Intelligent Computing Theories and Applications. With Aspects of Artificial Intelligence, 1085–92. Berlin, Heidelberg: Springer Berlin Heidelberg, 2008. http://dx.doi.org/10.1007/978-3-540-85984-0_130.

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Giraldi, Tullio, Laura Perissin, Sonia Zorzet, and Valentina Rapozzi. "Antimestastatic Action of Triazene Derivatives." In Triazenes, 45–62. Boston, MA: Springer US, 1990. http://dx.doi.org/10.1007/978-1-4615-3832-5_4.

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Conference papers on the topic "Derivative action"

1

Guay, Martin, and Khalid Tourkey Atta. "Extremum seeking regulator design with derivative action for uncertain systems." In 2019 IEEE 58th Conference on Decision and Control (CDC). IEEE, 2019. http://dx.doi.org/10.1109/cdc40024.2019.9028948.

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Miranda Sulis, Paola, Marisa Jádna Silva Frederico, Alessandra Mascarello, Ricardo José Nunes, Rosendo Augusto Yunes, and Fátima Regina Mena Barreto Silva. "Effect and mechanism of action of Sulfonylthiourea derivative on glycemia homeostasis." In Simpósio de Bioquímica e Biotecnologia. Londrina - PR, Brazil: Galoa, 2017. http://dx.doi.org/10.17648/simbbtec-2017-80940.

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Bhorge, Sidharth B., and Ramachandra R. Manthalkar. "Histogram of directional derivative based spatio-temporal descriptor for human action recognition." In 2017 International Conference on Data Management, Analytics and Innovation (ICDMAI). IEEE, 2017. http://dx.doi.org/10.1109/icdmai.2017.8073483.

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Cazzulani, Gabriele, Ferruccio Resta, and Francesco Ripamonti. "Improving the Performance of Resonant Controls for Vibration Suppression Using a Negative Derivative Feedback." In ASME 2012 11th Biennial Conference on Engineering Systems Design and Analysis. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/esda2012-82602.

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The paper presents a resonant control technique called Negative Derivative Feedback (NDF), suitable for vibration suppression in mechanical flexible structures. Resonant controllers calculate the control action through a feedback compensator. For NDF this compensator works as a band-pass filter, allowing to reduce some problems typically arising with resonant controllers like, for example control spillover. The proposed control logic is compared with different state of the art resonant controllers, such as Independent Modal Space Control, Positive Position Feedback and Active Modal Tuned Mass Damper, showing better performances both theoretically and experimentally.
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Villegas-Echavarria, Nicolas, and Eliana I. Arango-Zuluaga. "Control effort analysis for PI-D Topology with derivative action on inner feedback loop." In 2017 IEEE 3rd Colombian Conference on Automatic Control (CCAC). IEEE, 2017. http://dx.doi.org/10.1109/ccac.2017.8276399.

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Jádna Silva Frederico, Marisa, Paola Miranda Sulis, Alessandra Mascarello, Taisa Regina Stumpf, Ricardo José Nunes, Rosendo Augusto Yunes, and Fátima Regina Mena Barreto Silva. "Mechanism of action of derivative sulfonamide in glucose tolerance and in incretin and insulin secretion." In Simpósio de Bioquímica e Biotecnologia. Londrina - PR, Brazil: Galoa, 2017. http://dx.doi.org/10.17648/simbbtec-2017-80941.

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Dorr, Robert T., Lee Wisner, Betty Samulitis, Terry H. Landowski, and William A. Remers. "Abstract 671: Tumor delay and mechanism of action studies of a novel cyanoaziridine derivative, AMP423." In Proceedings: AACR 102nd Annual Meeting 2011‐‐ Apr 2‐6, 2011; Orlando, FL. American Association for Cancer Research, 2011. http://dx.doi.org/10.1158/1538-7445.am2011-671.

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Saggini, S., P. Mattavelli, and M. Ghioni. "High-performance mixed-signal voltage-mode control for dc-dc converters with inherent analog derivative action." In APEC 07 - Twenty-Second Annual IEEE Applied Power Electronics Conference and Exposition. IEEE, 2007. http://dx.doi.org/10.1109/apex.2007.357492.

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Zaher, Dana, Wafaa Ramadan, Raafat El-Awady, Hany Omar, Fatema Hersi, Vunnam Srinivasulu, and Taleb Al-Tel. "Abstract 1244: Discovery of a novel anticancer benzopyrane derivative with an effective multitarget mechanism of action." In Proceedings: AACR Annual Meeting 2021; April 10-15, 2021 and May 17-21, 2021; Philadelphia, PA. American Association for Cancer Research, 2021. http://dx.doi.org/10.1158/1538-7445.am2021-1244.

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Piotrowska, Ewa. "Analysis the conformable fractional derivative and Caputo definitions in the action of an electric circuit containing a supercapacitor." In Photonics Applications in Astronomy, Communications, Industry, and High-Energy Physics Experiments 2018, edited by Ryszard S. Romaniuk and Maciej Linczuk. SPIE, 2018. http://dx.doi.org/10.1117/12.2501384.

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Reports on the topic "Derivative action"

1

Cheyette, O. Derivative expansion of the effective action. Office of Scientific and Technical Information (OSTI), April 1987. http://dx.doi.org/10.2172/6406273.

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Zoller, D. A higher derivative view of the arc length and area actions. Office of Scientific and Technical Information (OSTI), January 1991. http://dx.doi.org/10.2172/5813343.

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Zoller, D. A higher derivative view of the arc length and area actions. Office of Scientific and Technical Information (OSTI), December 1991. http://dx.doi.org/10.2172/10127572.

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Rudbach, Jon A. Adjuvant Action of Lipopolysaccharides and Derivatives. New Aspects of the Adjuvant Action of Lipid A and Its Analogs. Conference held in Airlie, Virginia on April 6 - 9, 1991. Fort Belvoir, VA: Defense Technical Information Center, September 1991. http://dx.doi.org/10.21236/ada244811.

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