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Bijural Terminology Records
Common Law
transfer
Civil Law
transfer
Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision
42. (1) A debtor commits an act of bankruptcy in each of the following cases:
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...
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(b) if in Canada or elsewhere he makes a fraudulent conveyance, gift, delivery or transfer of his property or of any part there of; ....
Problem
The terms
"conveyance/transporte"are specific to common law. Only the neutral terms
"transfer/transfère"should be retained as they are valid for both common law and civil law.
Solution
In the English version, the term
"conveyance"is deleted. In the French version, the term
"transporte"is deleted.
Harmonized Provision
42. (1) A debtor commits an act of bankruptcy in each of the following cases:
...
-
(b) if in Canada or elsewhere the debtor makes a fraudulent gift, delivery or transfer of the debtor's property or of any part of it;
Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 27(1).
