T.A. Vasilieva,

Master’s Student of the Department of Civil Procedure 

of the Siberian Federal University

In the article the approaches to the right to bring a derivative claim in England (the common law derivative claim, the statutory derivative claim) are examined. The personal rights of the shareholders are protected by a personal suit (personal claim). In this case, there is not a well-defined list of the personal rights of members of the legal entity. Personal action (personal claim) and representative action serve as forms of direct action (direct action), which serves to protect not only personal, but also other rights of the shareholder claims a shareholder to the company (e.g., challenging a decision in violation of the procedure for its adoption by the General Assembly, the restoration of impaired corporate law contestation of certain abuses by their authority, etc.). A distinctive characteristic of derivative action is first of all the subject of action. The derivative action contains a claim for damages, on the transfer of property or money that belong to the company. In the case when the desired method of protection – a ban or a confession, the claim can’t be qualified as a derivative. 

Keywords: derivative claims; civil procedure; arbitration procedure.