Bijural Terminology Records

Common Law
condominium
Civil Law
divided co-ownership
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
  16. (7) Where a purchase, lease or other acquisition of real property in a condominium project, co-operative project or similar project is authorized under this Act, that authorization also constitutes the authority for the acquisition of a share, membership interest or ownership interest in the relevant condominium corporation, co-operative corporation ….
Problem
Only civil law terminology (copropriété divise) is used in the French version and only common law terminology ("condominium") is used in the English version.
Solution
The term condominium is added to the French version for common law purposes and the term "divided co-ownership" is added to the English version for civil law purposes.
Harmonized Provision

  16. (7) Where an acquisition or a lease is authorized under this Act in relation to

  • (a) real property in a condominium project or an immovable under divided co-ownership,

  • (b) real property or an immovable in a co-operative project, or

  • (c) real property or an immovable in any similar project, that authorization also constitutes the authorization for the acquisition of a share, membership interest or ownership interest in the relevant condominium corporation, syndicate of co-owners, co-operative corporation ….

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s.18(2)

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