Bijural Terminology Records

Common Law

interest in real property

Civil Law

right in an immovable

Title of the Legislative Text

Canada Marine Act, S.C. 1998, c. 10

Provision

  31. (6) A grant under subsection (4) may be effected by any instrument by which an interest in real property may be granted by a private person under the laws in force in the province in which the federal real property or fixtures are situated.

Problem

The notion of "interest in real property" has meaning only in common law. The appropriate notion for civil law in the present context is "right in an immovable".

Solution

In the English version, the civil law notion "right in an immovable" is added. No change to the French version is necessary because the provision is drafted differently, without the use of the problematic phrase.

Harmonized Provision

  31. (6) A grant under subsection (4) may be effected by any instrument by which an interest in real property or a right in an immovable may be granted by a private person under the laws in force in the province in which the federal real property, federal immovable or fixtures are situated.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 139(2)

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