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Bijural Terminology Records

Common Law
discharge of mortgage
Civil Law
release of hypothec
Title of the Legislative Text
Employment Insurance Act, S.C. 1996, c. 23
Provision
  102. (13) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision, assessment, discharge of mortgage or other document ...
Problem
Only common law terminology ("discharge of mortgage") is used in the English version of this provision. The corresponding term in civil law in English for the term mainlevée d'hypothèque is "release of hypothec".
Solution
In the English version, the term "release of hypothec" is added.

Harmonized Provision

  102. (13) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision, assessment, discharge of mortgage, release of hypothec or other document ...

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 78

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