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ASSIGNEE - The person to whom property rights or power are transferred by another, a grantee. ASSUMPTION OF RISK - In tort law, a defense to a personal injury suit. The essence of an affirmative defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury.
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Aug 15, 2016 · In recent years, cross-border transactions have increased in popularity and many of these transactions involve taking security over tangible and intangible personal property. As a result, it is now customary for financial services lawyers to be called upon by clients enquiring about taking and perfecting security in multiple jurisdictions and ...
The idea of property consists in an established expectation; in the persuasion of being able to draw such or such an advantage from the thing possessed, according to the nature of the case. Now this expectation, this persuasion, can only be the work of law.
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Defining more than 300 concepts of private property law for each of Canada’s official languages and for each of the legal systems of Civil law and Common law. Permanent link to this Catalogue record: publications.gc.ca/pub?id=9.671649&sl=0
- Canada. Justice Canada.
- Bilingual- [English | French]
- Paper
- Monograph
- What Are Property Rights?
- Origin and Development
- Evolution of Fairness
- Deeds and Land-Titles
- Changing Property Types
- Charter Rights
- Quebec
- Fraud Threat
The popular notion of property as something owned, encourages the idea of property rights as absolute. However, property in the legal sense is more accurately regarded as the combination of the legal rights of individuals with respect to objects, and the obligations owed them by others and guaranteed and protected by government. Property is either ...
Property law, for all of Canada's common law provinces, originated in England. The laws were established at various time — in Nova Scotia and (what later became) New Brunswick in 1758, Prince Edward Island in 1763, Upper Canada (Ontario) in 1792, Newfoundland in 1832, British Columbia in 1858 and the North-West (later the three Prairie provinces) i...
In the 19th century, the succession law of real property became the same as that for personal property. The rule of primogeniture — inheritance by the eldest son — gave way, where there was no will, to a sharing of land among the spouse and children in the same way that personal property could be shared. In 1910 Alberta and Saskatchewan, following ...
The property laws of the common-law provinces are generally similar, but one area in which the real property law does differ is in the system of recording the ownership of land. In the Atlantic provinces and in southern Ontario, there is a deed registration system and in the four western provinces and in northern Ontario there is a land titles or T...
Types of property reflect the economic and social aspects of society. Industrialization introduced new forms of property rights in factories and machines. The growth of joint-stock companies, the forerunners of modern corporations, created new property rights in the form of bonds and shares. Recently the nature of property rights has been transform...
Although the Canadian Charter of Rights and Freedomsdoes not expressly protect property rights, such rights are created and are therefore protected by both common law and by statute law — although both can be changed by legislation. Any constitutional guarantee should recognize that property is a social institution that must be constantly remolded....
In the widest sense, the law of property in Quebec comprises the principles regulating the ways in which all kinds of property may be disposed of and acquired — all the mechanisms and transactions by which property circulates. In a narrower sense, Quebec property law is concerned with defining what constitutes property. In fact, anything with a fin...
In recent years there has been an outbreak of mortgage title fraud in which criminals either forge or fraudulently convey or mortgage properties posing as the rightfully registered owner. This has been particularly serious in Ontario, where the provincial government was forced to make legislative changes to protect hundreds of innocent property own...
continue to define and redefine legal terms; the states are increasingly adopting uniform or model laws and rules; and new causes of action and legal concepts continue unabated. The vocabulary of the law has likewise continued to change and expand to keep pace. This has necessitated not only a significant
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Real property may be acquired by purchase, inheritance, gift, or through adverse possession. Having ownership of real property means that the owner has the right to possess the property, as well as the right to exclude others, within the boundaries of the law.
