Bijural Terminology Records

Common Law

delivery

Civil Law

delivery

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

  8. (1) Subject to a contrary intention expressed in any instrument, the rule of law that a grant of federal real property by letters patent requires no delivery to take effect is hereby abrogated.

Problem

In the French version, the term remise is confusing for a civil law audience as it might refer to the concept of remise de dette. Since the provision refers to the act of delivering something, the appropriate corresponding civil law term in French is délivrance.

Solution

In the French version, the term remise is replaced by délivrance.

Harmonized Provision

(amendment to the French version only)

  8. (1) Subject to a contrary intention expressed in any instrument or act, the rule of law that a grant of federal real property or a concession of federal immovables by letters patent requires no delivery to take effect is hereby abrogated.

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

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