Bijural Terminology Records

Common Law
Land Titles Act
Civil Law
Land Titles Act
Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision

  74. (3) Where a bankrupt owns any land or charge registered under a Land Titles Act or has or is believed to have any interest or estate therein, and for any reason a copy of the receiving order or assignment has not been registered as provided in subsection (1), a caveat or caution may be lodged with the official in charge of the land registry by the trustee, and any registration thereafter made in respect of the land or charge is subject to the caveat or caution unless it has been removed or cancelled under the provisions of the Land Titles Act under which the land, charge or interest is registered.

Problem

The terminology used in both language versions ("Land Titles Act/loi sur les titres de biens-fonds") is specific to common law and does not reflect civil law. Neutral and general terminology should be used instead.

Solution

In the English version, the terms "Land Titles" are deleted. In the French version, the terms "titres de biens-fonds" are deleted.

Harmonized Provision

  74. (3) If a bankrupt owns any real property or immovable or holds any charge registered in a land registry office or has or is believed to have any interest, estate or right in any of them, and for any reason a copy of the bankruptcy order or assignment has not been registered as provided in subsection (1), a caveat or caution may be lodged with the official in charge of the land registry by the trustee, and any registration made after the lodging of the caveat or caution in respect of the real property, immovable or charge is subject to the caveat or caution unless it has been removed or cancelled under the provisions of the Act under which the real property, immovable, charge, interest, estate or right is registered.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 47.

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