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:

  • ...

  • (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).