Bijural Terminology Records

Common Law
accelerated payment
Civil Law
forfeiture of the term
Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision

  65.1 (1) Where a notice of intention or a proposal has been filed in respect of an insolvent person, no person may terminate or amend any agreement with the insolvent person, or claim an accelerated payment under any agreement with the insolvent person, by reason only that ….

Problem

The expression "accelerated payment" does not exist in civil law in English. No change to the French version is necessary because the expression "clause de déchéance du terme" is valid for both legal systems.

Solution

In the English version, the terms "forfeiture of the term", which correspond to "déchéance du terme" used in the French version, are added to reflect civil law.

Harmonized Provision

(Amendment to the English version only)

 65.1 (1) If a notice of intention or a proposal has been filed in respect of an insolvent person, no person may terminate or amend any agreement with the insolvent person, or claim an accelerated payment, or a forfeiture of the term, under any agreement with the insolvent person, by reason only that ….

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 36.

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