Bijural Terminology Records

Common Law

whole of the interest

Civil Law

less limited right

Title of the Legislative Text

Expropriation Act, R.S.C., 1985, c. E-21

Provision

26. ...

(10) ...

  • (c) where part only of the interest that was subject to a security interest was expropriated, the value of the security interest is that proportion of the value thereof otherwise determined under this subsection as though the whole of the interest subject to the security interest had been expropriated, that
    • ...
    • (ii) the value of the whole of the interest otherwise determined under this subsection as though it had not been subject to any security interest,

...

Problem

The terms "droit" (civil law terminology only) and "interest" (common law terminology only) are preceded by "tout le/whole of". Unlike the common law "interest", the civil law concept of real rights does not allow for the possibility of dividing up real rights.

Solution

In the English version, "less limited" is added where necessary.

In the French version, "moins restreint" is added where necessary.

Harmonized Provision

26. ...

(10) ...

  • (c) if part only of the interest or a more limited right that was subject to a security interest or real security was expropriated, the value of the security interest or real security is that proportion of its value otherwise determined under this subsection as though the whole of the interest or a less limited right subject to the security interest or real security had been expropriated, that
    • ...
    • (ii) the value of the whole of the interest or a less limited right otherwise determined under this subsection as though it had not been subject to any security interest or real security

...

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 142.

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