Bijural Terminology Records

Common Law

right to use or occupy

Civil Law

right to use or occupy

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, permis is defined as a droit d'usage. In civil law, a droit d'usage is a real right. However, as provided by the current definition in the Federal Real Property and Federal Immovables Act, a "licence"/permis does not grant any real rights.

Solution

The term droit d'usage is replaced by the neutral term droit d'utiliser for common and civil law purposes. The term permission is added to reflect the common law in French, to correspond to the common law concept of "licence". Similarly, in the English version, the term "right of use" is replaced by "right to use" which is appropriate for 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)

Date modified: