Bijural Terminology Records

Common Law

person or entity that acts in the name of or for the benefit of another

Civil Law

person or entity that acts in the name of or for the benefit of another

Title of the Legislative Text

Telecommunications Act, S.C. 1993, c. 38

Provision

  2. (1) "person" includes any individual, partnership, body corporate, unincorporated organization, government, government agency, trustee, executor, administrator or other legal representative; ....

Problem

The terms "représentant legal/legal representative" have a broad meaning in common law. In civil law in French, these terms apply only to representatives designated by law. Furthermore, in civil law in English, the terms "legal representative" can be understood as referring to the successor by general title or to the universal sucessor. Finally, the terms "représentant legal" are inappropriate for the common law in French the appropriate terms being "représentant juridique". The solution in this context consists in a use of descriptive terms valid for both legal systems.

Solution

In the English version, the terms "other legal representative" are replaced by "other person or entity that acts in the name of or for the benefit of another". In the French version, the terms "ou autres représentants légaux" are replaced by "les personnes ou entités qui agissent au nom ou pour le compte d'autrui".

Harmonized Provision

  2. (1) "person" includes any individual, partnership, body corporate, unincorporated organization, government, government agency and any other person or entity that acts in the name of or for the benefit of another, including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor;

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 174.

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