| |
|
AB....................5
|
| contract that was absolutely null was void ab initio, i.e. it had never existed and the court had | 838 |
| In the event the condition is not met or waived, then the agreement is void ab initio; it has never | 1088 |
| met or waived and that could cancel the contract ab initio if it is not met or waived. | 2660 |
| be no tax consequences because the contract will be cancelled ab initio. | 2670 |
| ab intestat is deemed to have bequeathed his property according to the Intestate Succession | 4478 |
| |
|
ABANDON...............4
|
| dispose of the property: to retain it, to give it, to sell it, to destroy it, to abandon it.... | 1590 |
| right to abandon the thing and to destroy it, two significant prerogatives: the right to alienate the | 1592 |
| meaning, i.e. to abandon , destroy, give or sell a thing. The meaning is unquestionably broader | 1596 |
| to say, the right to abandon ownership in the thing. | 1606 |
| |
|
ABERRANT..............1
|
| the seller is entitled to the sale price; and thus, it not logically aberrant that a disposition occurs | 3310 |
| |
|
ABEYANCE..............2
|
| has not occurred, the very existence of the obligation is in abeyance . The obligation is not | 176 |
| abeyance . The same is true for the rights corresponding to the obligations. | 786 |
| |
|
ABIDE.................1
|
| If it does contain such a clause, the seller will also be required to abide by the formal | 714 |
| |
|
ABOLISHED.............2
|
| Thus, the new Civil Code abolished the old distinction between absolute and relative nullity: a | 838 |
| under a suspensive condition: if the capital gains exemption were abolished , or if the company | 3266 |
| |
|
ABOSLUE...............1
|
| possession à titre de propriétaire ou la propriété aboslue with beneficial ownership of the | 3118 |
| |
|
ABOUND................1
|
| Code. Examples abound . One need only think of legislation concerning bankruptcy, bills of | 1384 |
| |
|
ABOVE-MENTIONED.......1
|
| giving rise to application of the above-mentioned stipulation in the marriage covenants, the | 2304 |
| |
|
ABSENCE...............3
|
| of property and in the absence of some indication to the contrary, ownership of property cannot | 1716 |
| application of retroactivity in tax law: its ambivalent effects; the absence of provisions permitting | 2102 |
| In the absence of a statutory definition to the contrary, I think it is not enough that the so-called | 2390 |
| |
|
ABSOLU................1
|
| vendeur a un droit absolu , quoique pas nécessairement immédiat, de se faire payer. | 2882 |
| |
|
ABSOLUE...............1
|
| propriété absolue in consequence of the debtors total or partial failure to pay the creditors | 3116 |
| |
|
ABSOLUTE..............18
|
| is absolute where the condition is one of public concern, in which case any interested person | 830 |
| Whether the nullity be relative or absolute , its effects are the same: Article C.C.Q. | 834 |
| Thus, the new Civil Code abolished the old distinction between absolute and relative nullity: a | 838 |
| . ...Ownership is a total right because it is absolute : the owner has complete power | 1588 |
| for income tax purposes when the vendor has an absolute but not necessarily immediate right to | 2650 |
| remains unsatisfied, a vendor does not have an absolute right to be paid. However, the fact that | 2652 |
| acquired the absolute right to be paid. So long as a suspensive condition condition | 2700 |
| absolute right to be paid even if the purchaser has taken possession of the property. | 2702 |
| beneficial ownership alone will not lead to a disposition: the seller must also have an absolute | 2888 |
| the time at which the vendor has an absolute but not necessarily immediate right to be paid. | 2898 |
| - With regards to a sale, a disposition occurs when the seller has an absolute , but not | 2966 |
| had an absolute right to the sale price, i.e., there is no condition precedent and the beneficial | 2990 |
| income could be attributed to the buyer as soon as the seller had an absolute right to the sale | 3012 |
| absolute right to the sale price. | 3558 |
| The definition could refer to the time when the seller has an absolute , although not necessarily | 3570 |
| (a) the seller has an absolute , although not necessarily immediate, right to the sale price of the | 3580 |
| disposition once the condition was fulfilled, because the seller would not have an absolute right | 3588 |
| term, has an absolute right to the sale price. | 3608 |
| |
|
ABSOLUTELY............2
|
| contract that was absolutely null was void ab initio, i.e. it had never existed and the court had | 838 |
| incidents of ownership, except the legal title. It was absolutely and irrevocably obliged to | 1646 |
| |
|
ABSURD................1
|
| property following the resolution of the sale, the very situation that Rand J. considers absurd ? | 1898 |
| |
|
ABUSUS................4
|
| and the concept of abusus , the right to dispose of the thing, that is to say, to divest oneself of | 1600 |
| right of use is never mentioned. These rights are linked to the usus, not the abusus . I believe | 1604 |
| Wardean Drilling, implied that the concept of disposition in civil law is linked to abusus , that is | 1606 |
| civil law dismemberments of ownership, which are usus, fructus and abusus . | 4320 |
| |
|
ABUTENDI..............4
|
| jus abutendi which is one of the three main attributes of the right of ownership, Mignault (Droit | 1578 |
| Jus abutendi , or the right to dispose of, is the right to use the thing for a final purpose that | 1580 |
| to use the property, jus fruendi or the right to collect income, and jus abutendi or the right to | 1590 |
| . The prerogatives of jus abutendi . The right to alienate includes, aside from the | 1592 |
| |
|
AC....................2
|
| technical interpretation AC , September , . | 3970 |
| Canadian, Technical Interpretation AC , September , . | 4524 |
| |
|
ACC...................1
|
| technical interpretation ACC , December , . | 3968 |
| |
|
ACCEPTABLE............1
|
| answer in Quebec. The earlier date will be acceptable if it reflects the time at which the parties | 1136 |
| |
|
ACCEPTED..............11
|
| retroactivity operates in jure and not in facto. This was the reason accepted by Mignault. | 542 |
| accepted such an economically poor solution? (Translated by author) | 582 |
| It is surprising that such reasoning was accepted . The retroactive nature of the condition cannot | 672 |
| TRANSLATION The first paragraph states the universally accepted definition of instalment | 766 |
| legislation is accepted failing any provision to the contrary, it is sometimes suggested that federal | 1312 |
| and accepted by the Department of Revenue. However, the employer also claimed | 2032 |
| have accepted that a disposition can be the result of certain factual events. She notes that | 2094 |
| but legally binding agreement at this earlier date; an offer must have been accepted and all the | 2288 |
| () Has the Department of National Revenue accepted that a disposition may take place when | 2714 |
| been instances where the Department has administratively accepted that the transfer occurred | 3006 |
| statements of the corporation for the year. However, generally accepted accounting principles | 3238 |
| |
|
ACCESSION.............1
|
| fruits belong to the owner through accession . Thus, the property must belong to the | 532 |
| |
|
ACCESSORY.............5
|
| The courts have always held that tax law is accessory to private law, as it merely specifies the | 114 |
| In my opinion fiscal law is an accessory system, which applies only to the effects produced by | 116 |
| As we saw in the Introduction, tax law is accessory to private law, and follows private law in | 1272 |
| it is binding for tax purposes, because the tax system is an accessory to the provincial law | 2580 |
| specifically state that suspensive conditions are not retroactive. Since tax law is accessory to | 3274 |
| |
|
ACCOMPANIED...........4
|
| possession, accompanied or not accompanied, as the case may be, by the right to possess. | 990 |
| possession, accompanied or not accompanied , as the case may be, by the right to possess. | 990 |
| though the promise of sale was accompanied by delivery and transfer of possession of the thing | 2232 |
| suspensive condition is not accompanied by a transfer of possession. But there is no reason to | 3358 |
| |
|
ACCOMPLI..............3
|
| That the fruits have been collected cannot be denied. It is a fait accompli , which the fulfilment | 556 |
| acquisition of fruits is a fait accompli which the fulfilment of a condition should not be allowed | 656 |
| affect de facto matters. The collection of fruits is a fait accompli that the fulfilment of the | 2086 |
| |
|
ACCORDANCE............10
|
| When the condition is fulfilled, the contract is cancelled retroactively in accordance with article | 222 |
| Where a resolutory condition is involved, the risks, in accordance with the rule res perit | 432 |
| accordance with arts. - C.C.Q. (art. C.C.Q.). | 724 |
| may have laid upon it, provided his right was published in accordance with the rules respecting | 866 |
| defining it, Décary J.A. held that the statute must be interpreted in accordance with civil law. He | 1406 |
| The Supreme Court of Alberta came to this conclusion in accordance with the intent of the | 1522 |
| be determined in accordance with the law of the Province of Quebec. | 1620 |
| be acquired otherwise than in accordance with the applicable private law. | 1716 |
| Interest ran from that day on the payments due in accordance with the terms of the contract. | 1926 |
| accordance with the law of the particular province concerned. (Emphasis added.) | 2494 |
| |
|
ACCORDINGLY...........5
|
| obligation here; accordingly , the retroactivity mentioned in art. C.C. does not apply. The | 780 |
| had accordingly as the context requires, such ownership as a right in relation to that property. | 1248 |
| The federal Parliament accordingly devised, for tax purposes and, all of Canada, a common | 1832 |
| the French version is satisfied. Accordingly , for the purposes of the Act, the transfer of the | 2810 |
| accordingly : the adjusted cost base is involuntarily crystallized and in many cases the capital | 3376 |