Bijural Terminology Records

Common Law

void, voidable

Civil Law

null, annullable

Title of the Legislative Text

Bankruptcy and Insolvency Act, R.S., c. B-3

Provision

 98. (1) Where a person has acquired property of a bankrupt under a transaction that is void or under a voidable transaction that is set aside and has sold, disposed of, realized or collected the property or any part thereof, the money or other proceeds, whether further disposed of or not, shall be deemed the property of the trustee.

Problem

In the English version, the terms "void" and "voidable" are inappropriate for civil law.

Solution

In the English version, the terms "null" and "annullable" are added to reflect civil law terminology. The statement that these terms apply only in the Province of Quebec is added to avoid any confusion. The terms "void" and "voidable" are maintained for common law purposes.

Harmonized Provision

(Amendment to the English version only)

 98. (1) If a person has acquired property of a bankrupt under a transaction that is void or voidable and set aside or, in the Province of Quebec, null or annullable and set aside, and has sold, disposed of, realized or collected the property or any part of it, the money or other proceeds, whether further disposed of or not, shall be deemed the property of the trustee.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 59.

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