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Bijural Terminology Records

Common Law
personal property
Civil Law
movables
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; and
  • ...
Problem

Only civil law terminology (meubles) is used in the French version and only common law terminology ("personal property" ) is used in the English version.

Solution

In the French version, the term biens personnels is added in order to reflect the common law. In the English version, the term "movables" is added in order to reflect the civil law.

Harmonized Provision

  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; and
  • ...

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 41

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