Bijural Terminology Records
- Common Law
-
whole of the interest
- Civil Law
-
less limited right
- Title of the Legislative Text
-
Expropriation Act, R.S.C., 1985, c. E-21
- Provision
-
26. ...
(10) ...
-
(c) where
part only of the interest that was subject to a security interest was
expropriated, the value of the security interest is that proportion of the
value thereof otherwise determined under this subsection as though the whole
of the interest subject to the security interest had been expropriated,
that
- ...
- (ii) the value of the whole of the interest otherwise determined under this subsection as though it had not been subject to any security interest,
...
-
(c) where
part only of the interest that was subject to a security interest was
expropriated, the value of the security interest is that proportion of the
value thereof otherwise determined under this subsection as though the whole
of the interest subject to the security interest had been expropriated,
that
- Problem
-
The terms
"droit"
(civil law terminology only) and"interest"
(common law terminology only) are preceded by"tout le/whole of"
. Unlike the common law"interest"
, the civil law concept of real rights does not allow for the possibility of dividing up real rights. - Solution
-
In the English version, "less limited" is added where necessary.
In the French version,
"moins restreint"
is added where necessary. - Harmonized Provision
-
26. ...
(10) ...
-
(c) if part only
of the interest or a more limited right that was subject to a security
interest or real security was expropriated, the value of the security
interest or real security is that proportion of its value otherwise
determined under this subsection as though the whole of the interest or a less limited right subject to the security interest or real security
had been expropriated, that
- ...
- (ii) the value of the whole of the interest or a less limited right otherwise determined under this subsection as though it had not been subject to any security interest or real security
...
Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 142.
-
(c) if part only
of the interest or a more limited right that was subject to a security
interest or real security was expropriated, the value of the security
interest or real security is that proportion of its value otherwise
determined under this subsection as though the whole of the interest or a less limited right subject to the security interest or real security
had been expropriated, that
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