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PVL3701 - PROPERTY LAW EXAM LATEST UPDATE
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PVL3701 - PROPERTY LAW EXAM LATESTUPDATE
Interdict - ANSWER A summary court order was applied for on an urgent basis.
Applicants may apply for an order forcing a person to do something or to refrain
from doing something. Speedy remedy where rights have been infringed or are
about to be infringed
Requirements for an interdict - ANSWER - a clear right
- an actual or reasonably apprehended violation of a right
- no similar protection by any other ordinary remedy
*Setlogelo v Setlogelo
Delivery with the shorthand? - ANSWER - no transfer of physical control takes
place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - ANSWER - capacities conferred on the legal subject by a right, in
this case, the real right of ownership
- emanate from rights
- use & enjoy ; enjoy the fruits ; control ; consume ; alienate ; burden ; vindicate
Consumable - ANSWER things that are used up or their value is considerably
diminished by ordinary use eg pencils, foodstuffs
Non-consumable - ANSWER are preserved despite normal use eg car, stove
Property? - ANSWER - everything that forms part of a personal estate
- in the narrow sense, refers to the law of things which is the system of legal rules
that regulates legal relationships between legal subjects regarding a particular legal
, object, namely a thing
Things? - ANSWER - a branch of private law which consists of several legal rules
that determine the nature, context, vesting, protection, transfer and termination of
various real relationships between a legal subject and a thing as well as the rights
and duties ensuing from these relationships
Derivative method of acquisition of ownership - ANSWER - occurs with the
cooperation of a predecessor in title
- right which the transferee obtains is derived from the former owner
- predecessor in title should himself have been the owner and have been entitled to
transfer ownership
Original method of acquisition of ownership - ANSWER - used when there is no
cooperation from a predecessor in title
- where there is no transfer of ownership
Requirements for a successful reliance on the condictio furtiva? - ANSWER
Applicant must prove
- ownership or retention of a lawful interest from the date of theft to the date of
institution of the action
- theft or removal of the thing with deceitful intent
- if the action is not instituted against the thief or deceitful remover, that the
defendant is the heir of the former
Name factors that will be considered by a court in determining the amount of
compensation for an expropriation ito S25 of Constitution. - ANSWER - current
use of the property
- history of the acquisition and use of the property
- market value of the property
- the extent of direct State investments and subsidies in the acquisition and
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