TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

class splitting [1 record]

Record 1 2012-10-19

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

Under the common law rule, a class gift had to be able to vest within the perpetuity period in its entirety. If the interests of some members might vest outside the period, even though the interests of other members would vest in time, the gift was wholly void. The statutes, however, provide that in such a situation the class may be split, by excluding those persons whose interests do not in fact vest in time. As at common law, the class closing rules are permitted to operate first and they may save the gift. Under the statutes one then uses the wait and see principle and the age reduction provision. After that class splitting is permitted. (Anger & Honsberger, 2nd ed., 1985, p. 536).

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

fractionnement de catégorie : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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