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Bijural Terminology Records
Common Law
physical control
Civil Law
physical control
Title of the Legislative Text
Crown Liability and Proceedings Act, R.S.C. (1985), c. C-50
Provision
13. (1) Paragraph 3(b) is not applicable in respect of any property owned by the Crown, unless the Crown or a person acting for the Crown has, in fact,
- (a) in the case of personal property, taken physical control thereof;
Problem
The term responsabilité matérielle used in the French version does not correspond to
"physical control"used in the English version. In civil law in French, the corresponding term is garde matérielle.
Solution
In the French version, the term responsabilité matérielle is replaced by garde matérielle. The term garde matérielle is also appropriate for common law in French.
Harmonized Provision
(amendment to the French version only)
13. (1) Subparagraphs 3(a)(ii) and (b)(ii) are not applicable in respect of any property owned by the Crown unless the Crown or a person acting for the Crown has, in fact,
- (a) in the case of personal property and movables, taken physical control of it;
Federal Law-Civil Law Harmonization Act, No.1, c. 4, S.C. 2001, s. 41
