Bijural Terminology Records

Common Law

delivery becoming absolute

Civil Law

delivery becoming absolute

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

   15. (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property, on behalf of Her Majesty,

  • ...
  • (b) effect the delivery of any instrument, including the delivery of an instrument on terms or subject to conditions satisfactory to the Minister of Justice, whether or not the satisfaction or removal of the terms or conditions will result in the delivery becoming absolute;
Problem

The use of the term acte définitif in the French version and "delivery becoming absolute" in the English version creates a disparity. 

Solution

In the French version, the term acte définitif is replaced by délivrance définitive to reflect the same concept as "delivery becoming absolute" in the English version. This term is appropriate for both common and civil law.

Harmonized Provision

(Amendment to the French version only)

  15. (1)The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property or immovable, on behalf of Her Majesty,

  • ...
  • (b) effect the delivery of any instrument or act, including its delivery on terms or subject to conditions satisfactory to the Minister of Justice, whether or not the satisfaction or removal of the terms or conditions will result in the delivery becoming absolute;

Federal Law-Civil Law Harmonization Act, No.1, S.C. 2001, c. 4, s. 16

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