| 释义 |
licence
n. 1. Formal authority to do something that would otherwise be unlawful. Examples include a driving licence, a licence for selling intoxicating liquor (see licensing of premises), and a licence by the owner of a patent to manufacture the patented goods. 2. (in land law) Permission to enter or occupy a person’s land for an agreed purpose. A licence does not usually confer a right to exclusive possession of the land, nor any estate or interest in it: it is a personal arrangement between the licensor and the licensee. A bare licence (i.e. gratuitous permission to enter or occupy the licensor’s land) can be revoked at any time and cannot be assigned by the licensee to a third party (see bare licensee). A contractual licence cannot be revoked during the period the parties intended it to last. Neither type is by itself binding on third parties acquiring the land from the licensor. However, if the licence is coupled with a grant of property or of an interest in land, the licence may be irrevocable and binding on the licensor’s successors in title. For example, if A grants to B the right to catch and remove fish from water on his land, a licence to enter A’s land to take up this à prendre">profit à prendre is necessarily implied and will be irrevocable for the duration of the profit. The profit, as a legal interest over A’s land, will bind A’s successors in title, as will the licence that is irretrievably bound up with it. A bare or contractual licence may become irrevocable by the licensor or binding on a third party acquiring the land from the licensor if the circumstances give rise to a proprietary estoppel or a constructive trust. 3. See parole. |