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Bijural Terminology Records
Common Law
mortgagee
Civil Law
hypothecary creditor
Title of the Legislative Text
Trade Unions Act, R.S.C. (1985), c. T-14
Provision
15. (2) No purchaser, assignee, mortgagee or tenant is bound to inquire whether the trustees of a trade union registered under this Act have authority for any sale, exchange, mortgage or letting, and the receipt of the trustees is a discharge for the money arising therefrom.
Problem
Only common law terminology (
"mortgagee") is used in the English version.
Solution
The term
"hypothecary creditor"is added to the English version to reflect civil law. No change is necessary to the French version, since the term créancier hypothécaire is appropriate for both legal systems.
Harmonized Provision
15. (2) No purchaser, assignee, mortgagee, hypothecary creditor or tenant is bound to inquire whether the trustees of a trade union registered under this Act have authority for any sale, exchange, mortgage, hypothec or lease, and the receipt of the trustees is a discharge for the money arising from the sale, exchange, mortgage, hypothec or lease.
Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 125
