| |
|
ACTED.................1
|
| nonetheless would in some way have acted as mandatary (agent) for the owner subject to a | 588 |
| |
|
ACTES.................1
|
| JAMBU-MERLIN, R., Essai sur la rétroactivité dans les actes juridiques () Vol. , | 3840 |
| |
|
ACTING................1
|
| C.C.Q. because he cannot claim to be acting in good faith. Moreover, where rights | 304 |
| |
|
ACTION................1
|
| refuses to perform, the other may institute an action in passation of title. Thus, a promise of | 886 |
| |
|
ACTIONS...............1
|
| agreements and legal relations arising from the actions of the parties to those agreements must | 1620 |
| |
|
ACTIVITÉS.............1
|
| de services au cours de lannée, dans le cours des activités dune entreprise, même si les | 2384 |
| |
|
ACTS..................31
|
| ... Acts of administration | 16 |
| . Acts of alienation by onerous title performed by a person who is bound to make | 282 |
| whom restitution is owed. Acts of alienation by gratuitous title may not be set up, subject to the | 284 |
| Any other acts performed in favour of a third person in good faith may be set up against the | 286 |
| One should begin by noting that the acts of alienation contemplated in the first paragraph of | 290 |
| article include only acts that transfer ownership. All other acts, including grants of real | 290 |
| article include only acts that transfer ownership. All other acts , including grants of real | 290 |
| contrary, all acts entered into by the creditor during the same period are retroactively validated, | 322 |
| Acts of administration pendente conditione, were considered under the old doctrine (i.e. | 332 |
| ... Acts of administration | 574 |
| Under the old law, acts of administration that the possessor performed pendente conditione | 576 |
| The cases have long admitted that acts of administration, such as leases, performed by the | 584 |
| It follows that acts of administration performed by the debtor while he was in possession are not | 598 |
| Under our law, it seems to me that acts of administration done by the debtor while he had | 602 |
| As we discussed article of the new Civil Code states that any other acts performed in | 606 |
| owed. This article, if and when it applies, only codifies the former law on acts of administration. | 608 |
| Only true acts of administration will be discussed here, such as conclusion of a lease, and not | 610 |
| other acts possibly falling within article , paragraph , which some would say include | 610 |
| conditions retroactivity, anything that flows naturally and logically also escapes it, such as acts | 646 |
| seen, he relied on other grounds for his submission that fruits and administrative acts are not | 664 |
| regarding fruits and administrative acts . As for Mignault, his discussion only applies within the | 678 |
| apply retroactivity in certain very specific situations, such as the collection of fruits and acts of | 684 |
| Possession and enjoyment of the thing, collection of the fruits, and performance of acts of | 688 |
| the specific exceptions in the code regarding fruits, risks and acts of administration. | 698 |
| purposes, a federal statute assigns certain effects to juridical acts or facts governed by the Civil | 1384 |
| ownership in the thing. Note that all the examples given by Mignault and Mazeaud refer to acts | 1602 |
| unaffected. This includes but is not limited to any acts of administration performed by the | 2080 |
| cases provided for in the Civil Code, namely fruits and acts of administration. Under the new | 2110 |
| I.T.A., cancel the transactions or acts carried out by the parties to the contract between the | 2746 |
| Acts , but the annulment of the original deed of sale would create an obligation for the | 3208 |
| retroactivity, such as the collection of fruits, the enjoyment of the property or acts of | 3322 |
| |
|
ACTUAL................8
|
| sale is not an actual sale: | 886 |
| by the delivery of the property to the promising buyer and that buyer has actual possession | 900 |
| precedes the actual signing date? The answer in common law jurisdictions is similar to the | 1136 |
| by operation of law. If, in the legal result, the actual transaction ceases to be one of sale, then | 1300 |
| UNOFFICIAL TRANSLATION; EXCERPTS NOT TRANSLATED IN ACTUAL | 1586 |
| buyer until the actual sale, which was to take place once a specific portion of the purchase price | 1614 |
| If, in the legal result, the actual transaction ceases to be one of sale, then the necessary support | 1884 |
| where there has been a de jure sale, the actual disposition only occurs at the moment the | 2092 |
| |
|
ACTUALLY..............10
|
| ineffaceable facts, that actually happened pendente conditione. We will return to this | 558 |
| possession, that were actually performed and that produced results, cannot be defeated by the | 604 |
| ineffaceable that is to say, tangible, irreversible events that have actually occurred. | 688 |
| complete payment has been made, on the other. Such a clause is actually an instalment sale, | 760 |
| vendor, in delivering the property, and the promisor-buyer, in taking possession, have actually | 904 |
| contract to the date of that writing. The situation is different if the parties actually intended that | 924 |
| courts and lawyers actually apply the common law concept of beneficial ownership, or should | 1232 |
| The Exchequer Court actually established the test for disposition in MNR v. Wardean | 1460 |
| retroactivity does not apply to risks does not actually stem from the principle invoked. | 2112 |
| transferred to the buyer after the deed is actually signed. In Kozan v. MRN for example, the | 2222 |
| |
|
AD....................1
|
| cancelled using the nemo plus juris ad alium transferre potest quam ipse habet rule, | 628 |
| |
|
ADAM..................1
|
| (para. .()), Alepin (para. .()) and Adam (para. .()). In these cases, the courts | 2016 |
| |
|
ADDITION..............26
|
| In addition , article C.C.Q., which specifically provides that a condition fulfilled has a | 310 |
| the buyer is considered never to have been the owner. In addition , the fulfilment of the condition | 442 |
| obligation no longer has an object. In addition , the buyers obligation to pay the price no longer | 492 |
| In addition , as pointed out earlier, Faribault himself relied on other reasons for his position | 676 |
| In addition , a clause that provides for the resolution of the contract if the debtor fails to perform | 742 |
| In addition , the rights that make up ownership can be split between a legal owner and a | 992 |
| the parties had clearly intended the sale to take effect on January , . In addition , the seller | 1432 |
| addition , Wardean Drilling purchased ancillary equipment from another supplier. That contract | 1466 |
| interpretation of the term disposition in addition to the test established in Wardean Drilling. | 1558 |
| was lost. In addition , the lessee assumed all charges and expenses associated with the leased | 1678 |
| In addition , subsection () of the Act, in my view, provides a legislative basis for the | 1770 |
| law. In addition , it is significant that Parliament, which annually amends the Act inter alia to | 1784 |
| civil law; the oposite situation is seen more frequently. In addition , the Minister in this instance | 1814 |
| contingent liabilities necessarily have a retroactive effect. In addition , this retroactivity applies | 1944 |
| large sums were payable to the Respondent as a result of this transaction. In addition , the | 2012 |
| benefit. In addition , the retroactive nature of a resolutory condition in civil law was not an | 2024 |
| In addition , we are unable to consider that a disposition is an incontestable fact. We believe | 2118 |
| In addition , the Bulletin does not mention the retroactive effect of a fulfilled suspensive | 2668 |
| In addition , with respect to conditions precedent, we have seen that at common law, beneficial | 2776 |
| In addition , one can clearly infer from the response that if the suspensive condition is not fulfilled, | 2792 |
| In addition , it implied that there had been a transfer of possession to the buyer pendente | 2856 |
| In addition , even if the Wardean Drilling test was applied in a civil law content, the disposition | 3324 |
| common law precedent into civil law. In addition , the case was based on the division of | 3352 |
| from the CCA be reimbursed? In addition , can the buyer, who retroactively own the property | 3480 |
| addition , see J.-L. BAUDOUIN and P.-G. JOBIN, supra note , No. at -; L. | 4050 |
| addition , see L. FARIBAULT, supra note,No at . | 4058 |
| |
|
ADDITIONAL............9
|
| However, Faribault articulates an additional argument, also advanced by Baudry-Lacantinerie, | 548 |
| born, except, of course if the law makes its creation dependent on some additional act, such as | 922 |
| which was payable to it. Any additional rights to which it was entitled under the agreement were | 1648 |
| the sale price was to include a certain sum payable immediately plus additional sums calculated | 1908 |
| from the date of the sale, would be payable on these additional sums. | 1910 |
| additional sums indicated in the contract, did not exist until extracted from the financial | 1912 |
| accumulate. The Minister, for his part, argued that the additional amounts, once determined, | 1916 |
| Writing for the Court, Le Dain J. began by explaining that the obligation to pay the additional | 1918 |
| This technical interpretation seems to impose additional conditions on, rather than increasing, the | 3010 |
| |
|
ADDITIONALLY..........1
|
| Additionally , this review of the cases also indicates that the rule of acquisition stated by | 1718 |
| |
|
ADDITIONNAL...........1
|
| The Minister claimed the additionnal amount was not interest as there was no principal at the | 2264 |