Bijural Terminology Records

Common Law

right to use

Civil Law

right to use

Title of the Legislative Text

Federal Real Property Act, S.C. 1991, c. 50 (title changed to Federal Real Property and Federal Immovables Act by the Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 10)

Provision

2. In this Act,

...

"licence" means any right of use or occupation of real property other than an interest in land;

Problem

In the French version, the term permis is defined as a droit d'usage. In civil law, a droit d'usage is a real right. According to the definition, however, a permis does not grant any real rights. This terminology gives rise to confusion.

Solution

In the French version the term droit d'usage is thus replaced by the neutral term droit d'utiliser and in the English version the expression "right of use" is replaced by the neutral term "right to use" . These terms are valid in both legal systems.

Harmonized Provision

2. In this Act,

...

"licence" means any right to use or occupy real property or an immovable, other than

  • (a) a real right within the meaning of the civil law of the province of Quebec and the rights of a lessee under a lease of an immovable, and
  • (b) an interest in land;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 11(2)

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