Bijural Terminology Records

Common Law

incumbrancer

Civil Law

holder of a charge

Title of the Legislative Text

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

Provision

  91. (3) This section does not extend to any settlement made in favour of a purchaser or incumbrancer in good faith and for valuable consideration.

Problem

The term "incumbrancer" is a common law concept that does not exist in civil law. The terms "créancier hypothécaire" which appear in the French version as an equivalent for the common law term are in fact narrower in scope.

Solution

In the English version, the terms "legal hypothec of judgment creditors" are added to reflect civil law terminology. In the French version, the terms "hypothèque légale résultant d'un jugement" are added.In the English version, the terms "or holder of a charge" are added. In the French version, the terms "d'un créancier hypothécaire" are replaced by "du titulaire d'une charge" .

Harmonized Provision

  91. (3) This section does not extend to any settlement made in favour of a purchaser, incumbrancer or holder of a charge in good faith and for valuable consideration.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 54(2).

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