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Bijural Terminology Records
Common Law
encumbrances
Civil Law
n/a
Title of the Legislative Text
Bell Canada Act, S.C. 1987, c. 19
Provision
14. (1) Every deed of trust creating mortgages, charges or encumbrances on the whole or any part of the property of the Company ...
Problem
The term servitudes used in the French version does not correspond to the common law notion of
"encumbrances". This term has a precise meaning in civil law that is not intended here. The accepted term in common law in French is grèvement. There is no corresponding concept in civil law.
Solution
In the French version, the term servitudes is replaced by grèvements.
Harmonized Provision
(amendment to the French version only)
14. (1) A deed of trust creating mortgages, charges or encumbrances ... on the whole or any part of the property of the Company ...
Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 62
