TERMIUM Plus®

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NAKED RIGHT [1 record]

Record 1 2012-10-05

English

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

The "jus mereum", or mere right of property, without either possession or even the right of possession. (Ballentine's, 3rd ed. 1969, p. 794)

OBS

"Right" is used by the old writers on real property law in the technical sense of a right which an owner of land had when he had been disseised, so that he had only the right of recovering possession either by entry or action. His estate was then said to be turned to a right.... (I)f (he) further suffered a certain time to elapse, or had judgment given against him in a possessory action, he could no longer recover by possessory action, but only by an action on the right, meaning the right of ownership as opposed to the right to possession. Hence his estate was said to be turned to a mere, bare or naked right. (Jowitt's, 2nd ed., 1977, p. 1583)

French

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

Acception stricte en droit des biens.

OBS

simple droit : 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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