Bijural Terminology Records

Common Law

lien

Civil Law

cause of preferance

Title of the Legislative Text

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

Provision

 14. Nothing in this Act authorizes proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any Crown ship or aircraft, or of any cargo or other property belonging to the Crown, or gives to any person any lien on any such ship, aircraft, cargo or other property.

Problem

The term privilège used in the French version as the corresponding term for the common law term "lien" is obsolete in civil law. Privileges were abolished and some of them replaced with the notions of "prior claim" and "hypothec" , which are causes of preference recognized in civil law. The appropriate terminology in common law is "lien"/privilège. For civil law, "cause of preference"/cause de préférence is the appropriate term.

Solution

In the French version, the phrase ou une cause de préférence sur ceux-ci ou à leur égard is added. In the English version, the phrase "or cause of preference on or in respect of" is added.

Harmonized Provision

 14. Nothing in this Act

  • (a) authorizes proceedings in rem in respect of any claim against the Crown;

  • (b) authorizes the arrest, detention or sale of any Crown ship or aircraft, or of any cargo or other property belonging to the Crown; or

  • (c) gives to any person any lien on, or cause of preference on or in respect of, any ship, aircraft, cargo or other property belonging to the Crown.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 42

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