Legal Definitions - droit de greffe

droit de greffe

Droit de greffe is a historical French legal term that refers to the exclusive privilege of the Crown (the monarch) to sell certain public offices. These offices were typically administrative in nature, specifically those connected with the custody and management of judicial records, official documents, or the performance of other official administrative acts within the government or court system. Essentially, it was a royal prerogative to monetize access to specific administrative roles.

Here are some examples to illustrate this concept:

• Example 1: The Chief Clerk of a Regional Court

  Imagine a wealthy individual in 17th-century France who sought a prestigious and stable position. This person might pay a substantial sum directly to the King's treasury to acquire the office of "Greffier en Chef" (Chief Clerk) for a regional court. This office would entail managing all court documents, official filings, and decrees, and often came with the right to collect fees for services like certified copies of judgments.

  This scenario illustrates droit de greffe because the Crown is exercising its exclusive right to sell an office directly connected with the custody of judicial records and official acts. The payment grants the individual the right to hold this significant administrative position, often for life or even hereditarily, providing both status and income.

• Example 2: The Provincial Registrar of Deeds

  Consider a situation where the King, needing to raise funds, decides to create a new administrative office in a specific province responsible for officially registering all commercial contracts, property transfers, and perhaps even births, deaths, and marriages within that region. Instead of simply appointing someone, the King auctions off this perpetual office to the highest bidder.

  This demonstrates droit de greffe as the Crown is selling an office that involves performing official acts and maintaining public records. The person who purchases this office gains the authority to carry out these crucial administrative duties and the associated income from fees charged for these services, all stemming from the Crown's prerogative to sell such positions.