Bijural Terminology Records

Common Law

assigns

Civil Law

successors

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

20. A Crown grant that is issued to or in the name of a person who is deceased is not for that reason void, but the title to the real property intended to be granted vests in the heirs, assigns, devisees or other legal representatives of the deceased person according to the laws in force in the province in which the real property is situated as if the grant had issued to or in the name of the deceased person during the person's lifetime.

Problem

In the English version, the term assigns is known only to the common law. The Civil Code of Quebec now uses the term ayant cause as a replacement for ayant droit. The term "successor" is the translation for ayant cause.

Solution

In the English version, the term "successors" is added to reflect civil law terminology. In the French version, the term ayants cause is added as translation for "successors". The terms "assigns"/ayants droit are kept for the common law.

Harmonized Provision

20. A Crown grant that is issued to or in the name of a person who is deceased is not for that reason null or void, but the title to the real property or immovable intended to be granted or conceded vests in the heirs, assigns or successors, legatees or legatees by particular title, or other legal representatives of the deceased person according to the laws in force in the province in which the property is situated as if the Crown grant had issued to or in the name of the deceased person during the person's lifetime.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 22.