Bijural Terminology Records

Common Law

personal property

Civil Law

movables

Title of the Legislative Text

Crown Liability and Proceedings Act, R.S.C. (1985), c. C-50

Provision

 13. (1) Paragraph 3(b) is not applicable in respect of any property owned by the Crown, unless the Crown or a person acting for the Crown has, in fact,

  • (a) in the case of personal property, taken physical control thereof; and
Problem

Only civil law terminology (meubles) is used in the French version and only common law terminology ("personal property" ) is used in the English version.

Solution

In the French version, the term biens personnels is added in order to reflect the common law. In the English version, the term "movables" is added in order to reflect the civil law.

Harmonized Provision

 13. (1) Subparagraphs 3(a)(ii) and (b)(ii) are not applicable in respect of any property owned by the Crown unless the Crown or a person acting for the Crown has, in fact,

  • (a) in the case of personal property and movables, taken physical control of it; and

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 41

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