Bijural Terminology Records

Common Law

legal personal representative

Civil Law

heir

Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision

144. The bankrupt or the legal personal representative of a deceased bankrupt is entitled to any surplus remaining after payment in full of his creditors with interest as provided by this Act and of the costs, charges and expenses of the bankruptcy proceedings.

Problem

The term "legal personal representative/représentant légal personnel" reflects only common law. In civil law, is is the heirs who are entitled to the surplus referred to in this provision.

Solution

In the English version, the terms "or heirs" are added. In the French version, the terms "les héritiers" are added.

Harmonized Provision

144. The bankrupt, or the legal personal representative or heirs of a deceased bankrupt, is entitled to any surplus remaining after payment in full of the bankrupt's creditors with interest as provided by this Act and of the costs, charges and expenses of the bankruptcy proceedings.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 71.

Date modified: