droit de passage coutumier

OBS: droit de passage coutumier : 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).

CONT: A customary right of way is one which may be enjoyed by any member of a fluctuating body or class of persons provided that body or class is itself certain. It is regarded as a private right of way in so much as it exists only for the benefit of a limited section of the public, and it cannot be used under a claim of right by any person who is not a member of that body or class in whose favour it exists. Rights of way of this kind may exist in favour of the inhabitants of a parish or a town, or probably of any other district sufficiently well defined to be the local area of any customary right. (12 Hals., 4th, p. 24)