Bijural Terminology Records

Common Law

assignment

Civil Law

assignment

Title of the Legislative Text

Bell Canada Act, S.C. 1987, c. 19

Provision

 14. (1) Every deed of trust creating mortgages, charges or encumbrances on the whole or any part of the property of the Company, present or future, as may be described therein and every assignment or other instrument in any way affecting ….

Problem

The term transport used in the French version does not appropriately denote the assignment of rights referred to in the English version, regarding either deeds of trust creating mortgages (common law) or acts constituting hypothecs (civil law).

Solution

The appropriate term to refer to the assignment of rights is cession for both common and civil law. The phrase et tout transport de cet acte is replaced by les actes de cession in the French version.

Harmonized Provision

(amendment to the French version only)

 14. (1) A deed of trust creating mortgages, charges or encumbrances– or, in the Province of Quebec, an act constituting hypothecs–on the whole or any part of the property of the Company, present or future, as may be described in the deed or act and an assignment or other instrument or act in any way affecting ….

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 62

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