Bijural Terminology Records

Common Law

resolution

Civil Law

resolution

Title of the Legislative Text

Defence Production Act, R.S., c. D-1

Provision

  21. No person is entitled to damages, compensation or other allowance for loss of profit, direct or indirect, arising out of the rescission or termination of a defence contract at any time before it is fully performed if it is rescinded or terminated pursuant to a power contained in the contract or pursuant to a power conferred by or under an Act of Parliament.

Problem

For civil law purposes, the term "resolution" should be added to the French version to cover all of the ways in which a contract may be cancelled. The term "resolution" is also appropriate for common law in French and should replace "rescission". For the same reason, the term "resolution" must be added to the English version. However, because the civil law concept of "resolution" and the common law concept of "rescission" are different, both must be included in the English version.

Solution

In the English version, the term "resolution" is added. In the French version, the term "rescission" is replaced by "résolution".

Harmonized Provision

  21. No person is entitled to damages, compensation or other allowance for loss of profit, direct or indirect, arising out of the rescission, resolution or termination of a defence contract at any time before it is fully performed if it is rescinded, resolved or terminated under a power contained in the contract or under a power conferred by or under an Act of Parliament.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 128.

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