Bijural Terminology Records

Common Law
set-off
Civil Law
compensation
Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision

 97. (3) The law of set-off applies to all claims made against the estate of the bankrupt and also to all actions instituted by the trustee for the recovery of debts due to the bankrupt in the same manner and to the same extent as if the bankrupt were plaintiff or defendant, as the case may be, except in so far as any claim for set-off is affected by the provisions of this Act respecting frauds or fraudulent preferences.

Problem

Only the common law concept of "set off" appears in the English version.

Solution

In the English version, the terms "or compensation" are added to reflect civil law.

Harmonized Provision

(Amendment to the English version only)

 97. (3) The law of set-off or compensation applies to all claims made against the estate of the bankrupt and also to all actions instituted by the trustee for the recovery of debts due to the bankrupt in the same manner and to the same extent as if the bankrupt were plaintiff or defendant, as the case may be, except in so far as any claim for set-off or compensation is affected by the provisions of this Act respecting frauds or fraudulent preferences.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 58(4).

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