Legal Definitions - en autre droit

En autre droit is a legal phrase that translates from French to mean "in the right of another." It describes situations where an individual or entity acts legally, not for their own personal benefit or claim, but on behalf of someone else's legal interests or rights.

Essentially, when someone acts "en autre droit," they are exercising legal powers or pursuing legal claims that fundamentally belong to another party, even though they are the one physically performing the action. Their authority stems from their role as a representative, agent, or guardian for that other party.

Here are some examples to illustrate this concept:

• Example 1: A Legal Guardian for a Minor

  Imagine a scenario where a child is severely injured due to a defective product. The child, being a minor, cannot legally file a lawsuit on their own behalf. Their legal guardian (e.g., a parent) decides to sue the product manufacturer for damages. In this situation, the guardian is acting en autre droit. The right to compensation belongs to the injured child, but the guardian is exercising that right on the child's behalf, representing the child's legal interest in the court proceedings.

• Example 2: A Trustee Managing a Trust

  Consider a trust fund established to provide for a person's education. A designated trustee is responsible for managing the trust's assets, making investment decisions, and distributing funds according to the trust's terms. If the trustee enters into a contract to sell a property owned by the trust, they are doing so en autre droit. The legal ownership and the rights associated with the property belong to the trust and its beneficiaries, not to the trustee personally. The trustee acts as a steward, exercising the trust's rights for the benefit of the designated recipient.

• Example 3: A Corporate Officer Signing a Contract

  When a Chief Executive Officer (CEO) signs a multi-million dollar contract for their company, they are acting en autre droit. The rights and obligations created by that contract belong to the corporation as a distinct legal entity, not to the CEO as an individual. The CEO is merely the authorized agent, exercising the corporation's legal capacity to enter into agreements. If the contract is breached, the lawsuit would be brought by or against the corporation, not the CEO personally (unless there was a separate personal wrongdoing).