Bijural Terminology Records

Common Law

encumbrances

Civil Law

n/a

Title of the Legislative Text

Bell Canada Act, S.C. 1987, c. 19

Provision

  14. (1) Every deed of trust creating mortgages, charges or encumbrances on the whole or any part of the property of the Company ...

Problem

The term servitudes used in the French version does not correspond to the common law notion of "encumbrances". This term has a precise meaning in civil law that is not intended here. The accepted term in common law in French is grèvement. There is no corresponding concept in civil law.

Solution

In the French version, the term servitudes is replaced by grèvements.

Harmonized Provision

(amendment to the French version only)

   14. (1) A deed of trust creating mortgages, charges or encumbrances ... on the whole or any part of the property of the Company ...

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 62