Definition
In Quebec, civil law (based on the Romano-Germanic tradition, via the Civil Code of Quebec) governs real estate mortgages — unlike the rest of Canada where common law applies. The Quebec legal term is 'hypothèque' (hypothec in legal English), not 'mortgage' (which is the common law term).
Practical differences include: (1) the realization (foreclosure) procedure is governed by the Civil Code and more protective of the debtor than common law, (2) abandonment delays are set by law, (3) mortgage proceedings generally require a judicial process.
For buyers and borrowers, the main implication is that mortgage contracts in Quebec are drafted differently than in other provinces, notaries play a mandatory role in the deed, and certain lender remedies are slower than in Ontario or British Columbia.