Bijural Terminology Records

Common Law

transferred

Civil Law

transferred

Title of the Legislative Text

Federal Real Property Act, S.C. 1991, c. 50 (title changed to Federal Real Property and Federal Immovables Act by the Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 10).

Provision

5. (2) Federal real property within Canada may, at the discretion of the Minister of Justice, be granted by any instrument by which, under the laws in force in the province in which the property is situated, real property may be transferred by a private person.

Problem

In the French version, the use of the term cession is inappropriate in civil law.

Solution

In the French version, the term cession is replaced by transfert. In civil law, it is more appropriate to use the term transfert, which refers to the transmission of property rights in an immovable, than the term cession, which deals with the transmission of rights and obligations. The term transfert is also appropriate for common law in French.

Harmonized Provision

(Amendment to the French version only)

5. (2) Federal real property and federal immovables within Canada may, at the discretion of the Minister of Justice, be granted or conceded, as the case may be, by any instrument or act by which, under the laws in force in the province in which the property is situated, real property and immovables may be transferred by a natural person.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s.15(3).

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