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