FOUNDATIONS OF SOUTH AFRICAN LAW FLS 1502 SUMMARY FOR EXAM

FOUNDATIONS OF SOUTH AFRICAN LAW FLS 1502 SUMMARY FOR EXAM Void: Having no legal force or effect Not a valid contract Voidable: Having legal force or effect Valid contract BRIEFLY DISCUSS TWO DIFFERENCES BETWEEN A PERSONAL RIGHT AND A REAL RIGHT: A real right is protected by a real action (rei vindicio). This right may be enforced against anyone Example: Agreement + mancipatio = real right. Example: Theft of a chariot belonging to Danie. Personal right is protected by a personal action. This right may only be enforced against a specific person. Personal right is a right to a thing. Example: A get B to repair Roof as agreed. As has personal right against B. BRIEFLY DISCUSS TWO DIFFERENCES BETWEEN OWNERSHIP AND POSSESSION: Ownership is a real right and is protected by a real action This right may be enforced against any person. Possession is a factual situation where the thing is in the possessor’s physical control and is protected by interdicts rather than a real action. 2 | P a g e R U T H V I L J O E N NAME THE DIFFERENT KINDS OF POSSESION: 1. Possessio Civilis 2. Possessio ad interdicta 3. Possessio naturalis BRIEFLY DISCUSS THE DIFFERENCES BETWEEN POSSESSION CIVILIS, POSSESSION NATURALIS AND POSSESSIO AD INTERDICTA: Possessio Civilis possession leading to ownership by means of prescription Protected possession. Obtained possession by means of lawful grounds. Possessio Naturalis Unprotected possession. Will never obtain dominium. Obtained possession by means of an agreement from the true owner. Example: Lessee, Borrower and detentor. Possessio ad Interdicta Protected possession. Possessors who possessed the thing with animus domini:  Owner  Mala fide possessor  Bonafide possessor Possessors who lacked animus domini:  Pledgee  Sequester