PRV1 144D2 Lecture Notes - Lecture 18: Emphyteusis, Canadian Tire, Legal Personality

• School: McGill University
• Department: Private Law 1
• Course: PRV1 144D2
• Professor: Yaell Emerich

Document Summary

Emphyteuta looks, acts, feels like an owner which is the weird part. Another weird element: termination of emphyteuta right, there is not a transfer of rights for the bare owner b/c it is already in the bare owner"s patrimony. Sun life assurance v. canada inc. (ca 2000) Obligation to which a person is bound only by reason of his or her quality as titulary of a real right o. The transfer of a real right will include the transfer to the acquirer of any real obligations attaching to it o. The debtor of a real obligation may be freed of the obligation by abandoning the property. Debtor gets rid of obligation by abandoning right (1185?) Emphyteuta: obligation toward bare owner which is linked to your right. If you abandon right, bare owner is the owner and no need for obligation.