Bijural Terminology Records

Common Law

mortgage

Civil Law

hypothec

Title of the Legislative Text

Federal Real Property Act, S.C. 1991, c. 50 (title changed to Federal Real Property and Federal Immovables Act by the Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 10)

Provision

16. (1) Notwithstanding any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with such terms and subject to such conditions and restrictions as the Governor in Council considers advisable,

  • ...

  • (k) authorize the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage or otherwise, in connection with any transaction authorized under this Act.
Problem

Only common law terminology is used in the English version ("mortgage").

Solution

In the English version, the term "hypothec" is added after "mortgage". The term "hypothec" is the appropriate civil law term in English that corresponds to the common law concept of "mortgage".

Harmonized Provision

16. (1) Despite any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with any terms and subject to any conditions and restrictions that the Governor in Council considers advisable,

  • ...

  • (k) authorize the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with any transaction authorized under this Act.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 18(1)

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