Bijural Terminology Record

Common Law

lease

Civil Law

lease

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. (4) A leasehold estate in federal real property within Canada may also be granted by a lease ….

Problem

The term droits de locataire is inappropriate and the term "leasehold estate, …, granted by a lease" has no meaning in civil law.

Solution

In the French version, the term droits de locataire is replaced by the term bail, which is appropriate to both civil and common law. In the English version the term "leasehold estate" is replaced by the term "lease" which is applicable to both civil and common law.

Harmonized Provision

 5. (4) A lease of federal real property or of a federal immovable within Canada may also be granted ….

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

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