Bijural Terminology Records

Common Law

dispose

Civil Law

dispose

Title of the Legislative Text

Animal Pedigree Act, R.S.C. (1985), c. 8 (4th Supp.)

Provision

  12. Without restricting the generality of section 11, an association may

  • (a) acquire, hold and dispose of real and personal property necessary for the carrying out of its business and affairs;
Problem

There is a disparity between linguistic versions caused by the use of the term céder in the French version and "dispose" in the English version. The notion of cession is narrower than the notion of "disposition" in both legal systems.

Solution

In the French version, the term céder is replaced by the term disposer.

Harmonized Provision

(amendment to the French version only)

  12. Without restricting the generality of section 11, an association may

  • (a) acquire, hold and dispose of real, personal, movable and immovable property necessary for the carrying out of its business and affairs;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 56(1)