Bijural Terminology Records

Common Law

transferred

Civil Law

transferred

Title of the Legislative Text

Federal Real Property Act, S.C. 1991, c. 50 (title changed to Federal Real Property and Federal Immovables Act by the Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 10)

Provision

  22. (1) Where, through error, inconsistent transactions relating to the same federal real property have been entered into, the Governor in Council may

  • ...

  • (d) where the property has passed from the original holder ....

Problem

In the English version, the term "has passed" has meaning only in common law where it designates the transfer of property rights. In the French version, the phrase n'est plus en la possession is inappropriate for both common law and civil law.

Solution

In the English version, the term "has passed" is replaced by "was transferred" to reflect both common law and civil law. In the French version, the phrase n'est plus en la possession is replaced by a été transféré, which is appropriate terminology for both legal traditions.

Harmonized Provision

  22. (1) Where, through error, inconsistent transactions relating to the same federal real property or federal immovable have been entered into, the Governor in Council may

  • ...

  • (d) where the property was transferred by or from the original holder ...

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 24