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LAW OF PROPERTY PVL3701 Revision Questions and Memo
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lOMoAR cPSD| 45211451PVL3701 Revision Questions
and Memo
LAW OF PROPERTY
, lOMoAR cPSD| 45211451
PVL3701 Revision Questions
Page 1
LAW OF PROPERTY
PVL3701
Revision Questions &
Memo
STUDY UNIT 1
1. Define:
(a) real right (5)
A real right can be defined as a lawful relationship between a legal
and a thing which confers direct control over the thing on the legal
subject as well as the relationship between the legal subject and
other legal subjects who must respect this relationship.
(b) property law. (5)
In its broad sense property law can also be described as patrimonial
law - the law dealing with a person's patrimony (all his/her assets).
Patrimonial law is divided into the law of things, the law of
, lOMoAR cPSD| 45211451
PVL3701 Revision Questions Page
succession, the law of obligations and intellectual property law. The
law of things as a subdivision of patrimonial law is a division of private
law. The law of things deals with a specific legal object, namely a
thing.
(c) res nullius. (2)
Things that are susceptible to ownership, but that belong to no-one
at a particular stage, for example, wild animals or fish or a thing that
has been thrown away by its owner with the intention of no longer
being the owner (res derelictae).
(d) thing (5)
A thing is a corporeal object outside the human body, which is an
independent entity subject to judicial control by a legal subject for
whom it has use and value.
(e) remedy (5)
A remedy can be defined as a legal process / procedure with its own
purpose, for which certain requirements are set and which protects,
maintains or restores a particular relationship in a specific way.
(f) property (2)
Property is everything that can form part of a person's estate,
including corporeal things and incorporeal interests and rights.
or
everything which forms part of a person's estate and which serves as
an object of the right that a person exercises in respect thereof being
either corporeal or incorporeal.
(g) composite thing (3)
It is a composition of different components consisting of independent
things to form a new thing.
(h) Real remedy
A real remedy can be defined as a legal process with its own purpose,
for which certain requirements are set and which protects, maintains
or restores a particular real relationship in a specific way. A real
remedy, therefore, finds application in lawful and unlawful real
relationships.
(i) ownership (7)
, lOMoAR cPSD| 45211451
PVL3701 Revision Questions Page
Ownership is the most comprehensive real right a person can have
with regard to a thing. In principle, a person can act upon and with his
thing as he/she pleases. This apparent freedom is restricted however,
by the law and the rights of others
(j) expropriation as a form of acquisition of ownership (5)
Expropriation can be defined as an original method of acquiring
ownership in terms of which the State acquires ownership of a
movable or immovable thing without the consent of the owner
against payment of compensation.
2. Name the characteristics of a thing. (5)
• Corporeality
• External to humans
• Independence
• Subject to juridical control Useful and valuable to humans
3. Distinguish between:
(a) the object of a real right and the object of a personal right
(creditor's right). (2)
The object of a real right is a corporeal thing; whereas the object of a
personal right is performance (to give something, to do something or
not to do something)
(b) consumable and non-consumable things (5) Consumable things
are depleted in value or consumed by normal use, while non-consumable
things are essentially maintained even if normal wear and tear occurs
through use.
(c) singular and composite things (5)
Singular things exist independently without being composed of
particular components for instance a dog. Composite things are
compositions of different components, consisting of independent
things in a new unit for example a motor bike.
(d) property and a thing (5)
``Property'' in the law of property refers to everything that forms part
of a person's estate. In a narrow sense, property law refers to the law
of things, which is the system of legal rules that regulates legal
relationships between legal subjects in regard to a particular legal
object, that is, a thing. We shall define a thing as an independent part
of the corporeal world, which is external to humans and subject to
human control, as well as useful and valuable to humans.
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