Bijural Terminology Record

Common Law

bailment

Civil Law

n/a

Title of the Legislative Text

Department of Industry Act, S.C. 1995, c. 1

Provision

 12. … any person is required to file or register any instrument of trust, mortgage, hypothec, bond, charge, lease, sale, bailment, assignment, surrender or other instrument, document or record or copy thereof, or any notice, in the office or department of the Secretary of State …

Problem

The notion of "bailment", unique to common law, is not found in the French version.

Solution

The term baillements is added to the French version for common law purposes.

Harmonized Provision

(amendment to the French version only)

 12. … any person is required to file or register any instrument of trust, mortgage, hypothec, bond, suretyship, charge, lease, sale, bailment, pledge, assignment, surrender or other instrument, document or record or copy thereof, or any notice, in the office or department of the Secretary of State ….

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 73

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