Bijural Terminology Records

Common Law

quit claim

Civil Law

renunciation

Title of the Legislative Text

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

Provision

  20. (1) The trustee may, with the permission of the inspectors, divest all or any part of the trustee's right, title or interest in any real property of the bankrupt by a notice of quit claim or disclaimer by the trustee, and the official in charge of the land titles or registry office, as the case may be, where title to the real property is registered shall accept and register in the land register the notice when tendered for registration.

Problem

In the English version, the terms "quit claim" and "disclaimer" have the same meaning in this provision, while the equivalent civil law concept is absent. In the French version, the terms "renonciation" and "désistement" are also equivalent for both legal systems.

Solution

In the English version, the term "renunciation" is added and the term "disclaimer" is deleted. The terms "quit claim" remain for common law purposes. In the French version, the term "désistement" is deleted because it is redundant.

Harmonized Provision

  20. (1) The trustee may, with the permission of the inspectors, divest all or any part of the trustee's right, title or interest in any real property or immovable of the bankrupt by a notice of quit claim or renunciation by the trustee, and the official in charge of the land titles or registry office, as the case may be, where title to the real property or immovable is registered shall accept and register in the land register the notice when tendered for registration.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 20.

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