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''Pari passu'' is a
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
phrase that literally means "with an equal step" or "on equal footing". It is sometimes translated as "ranking equally", "hand-in-hand", "with equal force", or "moving together", and by extension, "fairly", "without partiality".


Etymology

:* '' pari'' is the
ablative In grammar, the ablative case (pronounced ; sometimes abbreviated ) is a grammatical case for nouns, pronouns, and adjectives in the grammars of various languages; it is sometimes used to express motion away from something, among other uses. T ...
singular Singular may refer to: * Singular, the grammatical number that denotes a unit quantity, as opposed to the plural and other forms * Singular homology * SINGULAR, an open source Computer Algebra System (CAS) * Singular or sounder, a group of boar, ...
masculine Masculinity (also called manhood or manliness) is a set of attributes, behaviors, and roles associated with men and boys. Masculinity can be theoretically understood as socially constructed, and there is also evidence that some behaviors con ...
(since it must grammatically agree with ''passu'') of the
adjective In linguistics, an adjective (list of glossing abbreviations, abbreviated ) is a word that generally grammatical modifier, modifies a noun or noun phrase or describes its referent. Its semantic role is to change information given by the noun. Tra ...
''par'', "equal". If it were
nominative In grammar, the nominative case (abbreviated ), subjective case, straight case or upright case is one of the grammatical cases of a noun or other part of speech, which generally marks the subject of a verb or (in Latin and formal variants of Engl ...
, "an equal step" it would be ''par passus''. :* ''
passu Passu ( ur, ) is a small village located in Gojal valley upper Hunza of the Gilgit Baltistan, Pakistan region of Northern Pakistan. Situated along the Karakoram Highway in Upper Hunza, Pakistan, Passu is a popular tourist destination in Pakis ...
'' is the
ablative In grammar, the ablative case (pronounced ; sometimes abbreviated ) is a grammatical case for nouns, pronouns, and adjectives in the grammars of various languages; it is sometimes used to express motion away from something, among other uses. T ...
of the Latin noun ''passus'', "step". This term is commonly used in law. ''
Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West P ...
'' (8th ed., 2004) defines ''pari passu'' as "proportionally; at an equal pace; without preference".


Usage


In inheritance

In inheritance, a ''pari passu'' (''
per capita ''Per capita'' is a Latin phrase literally meaning "by heads" or "for each head", and idiomatically used to mean "per person". The term is used in a wide variety of social sciences and statistical research contexts, including government statistic ...
'') distribution can be distinguished from a ''
per stirpes ''Per stirpes'' (; "by roots" or "by stock") is a legal term from Latin used in the law of inheritance and estates. An estate of a decedent is distributed ''per stirpes'' if each ''branch'' of the family is to receive an equal share of an estat ...
'' (by family branch) distribution. For example, suppose a
testator A testator () is a person who has written and executed a Will (law), last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2 ...
had two children A and B. A has two children, and B has three. * If the testator leaves his or her entire estate to his or her grandchildren in equal shares ''pari passu'', each grandchild would inherit one fifth of the estate. * In contrast, if the estate was left to the grandchildren ''per stirpes'' (by family branch), the children of A would share one half of the estate equally between the two of them, and the children of B would share one half of the estate equally amongst the three of them.


In lending, bankruptcy and default

This term is also often used in the
lending In finance, a loan is the lending of money by one or more individuals, organizations, or other entities to other individuals, organizations, etc. The recipient (i.e., the borrower) incurs a debt and is usually liable to pay interest on that d ...
area and in
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
proceedings, where
creditors A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property ...
are said to be paid ''pari passu'', or each creditor is paid ''
pro rata ''Pro rata'' is an adverb or adjective meaning in equal portions or in proportion. The term is used in many legal and economic contexts. The hyphenated spelling ''pro-rata'' for the adjective form is common, as recommended for adjectives by some E ...
'' in accordance with the amount of his claim. Here its meaning is "equally and without preference". There have been cases where decisions were based on different interpretations of the term. In the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, as the result of the
Greek government-debt crisis Greece faced a sovereign debt crisis in the aftermath of the financial crisis of 2007–2008. Widely known in the country as The Crisis ( Greek: Η Κρίση), it reached the populace as a series of sudden reforms and austerity measures that ...
, a retroactive
collective action clause A collective action clause (CAC) allows a supermajority of bondholders to agree to a debt restructuring that is legally binding on all holders of the bond, including those who vote against the restructuring. Bondholders generally opposed such cla ...
passed by the Greek government with the support of the ECB and IMF, enabled the debtor (who also controlled the courts) to impose a 70% loss on the creditors, more than 75% of whom had voted in favour of the cut. In this case, ''pari passu'' means that all private-sector investors are equally treated.


See also

*
Statute of Bankrupts Act 1542 The Statute of Bankrupts or An Acte againste suche persones as doo make Bankrupte, 34 & 35 Henry VIII, c. 4, was an Act passed by the Parliament of England in 1542. It was the first statute under English law dealing with bankruptcy or insolvenc ...
, introducing the ''pari passu'' principle for creditors of insolvent persons. ''Pari passu'' means treat at par from the previous issue. *
Seniority (finance) In finance, seniority refers to the order of repayment in the event of a sale or bankruptcy of the issuer. Seniority can refer to either debt or preferred stock. Senior debt must be repaid before subordinated (or junior) debt is repaid.The America ...
*
List of Latin Phrases __NOTOC__ This is a list of Wikipedia articles of Latin phrases and their translation into English. ''To view all phrases on a single, lengthy document, see: List of Latin phrases (full)'' The list also is divided alphabetically into twenty page ...
*
Collective action clause A collective action clause (CAC) allows a supermajority of bondholders to agree to a debt restructuring that is legally binding on all holders of the bond, including those who vote against the restructuring. Bondholders generally opposed such cla ...
* Rights upon future offers


References


Notes


Further reading


law.georgetown.edu the ''pari passu'' clause in sovereign debt instruments
{{Corporate finance and investment banking Fixed income Bankruptcy Latin legal terminology Latin mottos