Bijural Terminology Records

Common Law
devise
Civil Law
legacy
Title of the Legislative Text
Canada Customs and Revenue Agency Act, S.C. 1999, c. 17
Provision
  74. (1) The Agency has the administration of any real property acquired by the Agency by purchase, lease, transfer, gift, devise or otherwise.
Problem
The notion of "devise" , used in the English version, has meaning only in common law. The corresponding civil law notion is "legacy" .
Solution
The term "legacy" is added to the English version. The French version need not be modified as the term legs is known to both legal systems.
Harmonized Provision

  74. (1) The Agency has the administration of

  • (a) real property acquired by the Agency by purchase, lease, transfer, gift, devise or otherwise; and
  • (b) immovables acquired by the Agency by purchase, transfer, gift, legacy or otherwise and immovables of which it is the lessee.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 131