Bijural Terminology Records

Common Law

estate

Civil Law

succession

Title of the Legislative Text

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

Provision

  44. (1) Subject to section 43, a petition for a receiving order may be filed against the estate of a deceased debtor.

Problem

The term "estate" in the English version addresses only the common law audience, while the term "succession" used in the French version applies in both civil law and common law.

Solution

In the English version, the terms "or succession" are added.

Harmonized Provision

(Amendment to the English version only)

  44. (1) Subject to section 43, an application for a bankruptcy order may be filed against the estate or succession of a deceased debtor.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 28.

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