TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

legal owner [1 record]

Record 1 2013-03-15

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

The legal owner is the nominal owner, the equitable the beneficial owner. (Jowitt's, 2nd ed., 1977, p. 1302).

OBS

The term has come to be used in technical contrast to the equitable owner, and not as opposed to an illegal owner. (Black's, 5th ed., 1979, p. 806).

OBS

(A) may be the owner of a thing as against all the world except B, while with regard to B he may have no rights of ownership at all, being bound, by virtue of a personal relation between them, to allow B to have the use and profits of the property, or even to deal with the property as B may direct. As the rules of the common law only recognise A's rights to the property and ignore those of B, A is called the legal owner, while B is called the equitable owner, because his rights are only recognised by virtue of the doctrines of equity.

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

propriétaire en common law : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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