Bijural Terminology Records

Common Law

person who acts in the name of and for the benefit of the member or their estate or succession

Civil Law

person who acts in the name of and for the benefit of the member or their estate or succession

Title of the Legislative Text

Visiting Forces Act, R.S., c. V-2

Provision

  16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or his personal representative or a dependant arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.

Problem

No term is given in the French version as an equivalent for the term "personal representative" in the English version. Moreover, no single term in civil law can convey all of the intended meanings of the term "personal representative" in this provision.

Solution

In the English version, the expression "his personal representative" is replaced by "or by a person who acts in the name of and for the benefit of the member or their estate or succession" . In the French version, the terms "ou de la personne qui agit au nom et pour le compte d'un tel membre ou de sa succession" are added.

Harmonized Provision

  16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 181.

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