Bijural Terminology Records

Common Law

interest in property

Civil Law

right in property

Title of the Legislative Text

State Immunity Act, R.S. c. S-18

Provision

  8. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest of the state in property that arises by way of succession, gift or bona vacantia.

Problem

Only civil law terminology (" droits" ) is used in the French version and only common law terminology ("interest" ) is used in the English version.

Solution

The terms "a right" are added in the English version for civil law purposes and the terms "de ses intérêts" are added in the French version for common law purposes. In both versions, the phrase "or, in the Province of Quebec/ou, dans la province de Québec" is added for the civil law audience to avoid any confusion regarding the application of the terms "right/droit".

Harmonized Provision

  8. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest or, in the Province of Quebec, a right of the state in property that arises by way of succession, gift or bona vacantia.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 172.