Bijural Terminology Records

Common Law

property right

Civil Law

property right

Title of the Legislative Text

Canadian Centre for Management Development Act, S.C. 1991, c. 16

Provision

  5. In carrying out its objects, the Centre has the capacity of a natural person and may

  • ...
  • (f) license, sell or otherwise make available any copyright, trade-mark or other like property right held, controlled or administered by the Centre;
Problem

In civil law, the term titres de propriété is used to refer to documents which prove ownership. It may cause confusion when used to render the term "property right" in an intellectual property context. On the other hand, the common law term "property right" refers generally to all types of property rights.

Solution

In the French version, the term titres de propriété is replaced by droits de propriété.

Harmonized Provision

(amendment to the French version only)

  5. In carrying out its objects, the Centre has the capacity of a natural person and may

  • ...
  • (f) license, sell or otherwise make available any copyright, trade-mark or other like property right held, controlled or administered by the Centre;

Federal Law-Civil Law Harmonization Act, No. 1 , S.C. 2001, c. 4, s. 68(2).