LAWG 220D1 Lecture Notes - Lecture 13: Place Ville Marie, Emphyteusis, Complexe Desjardins
23 Dec 2018
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Guest lecturer: me robert godin: emphyteusis is a dismemberment of the right of ownership, ccq 1119: usufruct, use, servitude and emphyteusis are dismemberments of the right of ownership and are real rights. , ccq 1195: 1195. If it is longer, it is reduced to. 100 years. : in practice, this is done through a 99-year lease, historically, emphyteutic leases were only used in rural settings, not urban ones, today, they are often used in urban settings (e. g. complexe desjardins, place dupuis, Ccq 1199: the creditor of the emphyteuta may cause the latter"s rights to be seized and sold, subject to the rights of the owner of the immovable. Ccq 1200: the emphyteuta has all the rights in the immovable attaching to the quality of owner [this is a strong statement], subject to the restrictions contained in this chapter and in the act constituting emphyteusis.
