PROPERY LAW NOTES

Pvl _PROPERY LAW NOTES Property: in the broad sense: includes everything that forms part of someone’s estate = includes immovable property, movable property etc Property: in the narrow sense: amounts to a thing – law of things: which is a branch of private law which consists of a number of legal rules that determine the nature, content, establishment, protection, transfer and termination of various real relationships between a legal subject and a thing. DEFINITIONS Legal subject: any person (natural/juristic) capable of acting as a subject in legal relationships and getting rights and duties. Legal object: every object with which a legal subject has a legally recognized relationship – anything with regard to which a person can get and hold a right. Property: is everything, which can form part of someone’s estate, including corporeal and incorporeal rights. Thing: is a corporeal object outside the human body and an independent entity capable of being subjected to the legal control by a legal subject for who it has use and value. Right: is a legally recognized and valid claim by a subject to a certain object. Property right: is a legally recognized claim or interest in property Remedy: is a legal procedure provided by a legal system to protect a right against infringement or to control the effects of unlawful action. REAL RELATIONSHIP This is a legal relationship between a legal subject and a thing. Downloaded by: ChelseySage15 | Distribution of this document is illegal S - The study-notes marketplace “THE EXPERT IN ANYTHING WAS ONCE A BEGINNER” A legal subject can get rights from a real relationship only if it’s lawful – if it complies with legal rules. A legal subject won’t get any rights from unlawful relationships. The most NB real relationships: a) Ownership = lawful b) Possession: physical control of a thing with the intention of an owner = unlawful c) Holdership: physical control of a thing with the intention to derive a limited benefit = lawful and unlawful Real right: is a lawful relationship between a legal subject and a thing which gives direct control over the thing to the legal subject, as well as the relationship between the legal subject and other legal subjects who must respect this relationship = its enforceable against the whole world. Entitlements: a legal subject who gets a real right from a real relationship is usually entitled to: a) use b) Control c) Encumber (give others limited real rights) d) Enjoy the fruits e) Consume f) Alienate g) Vindicate The function of the law of things 1) To harmonize various competing ownership rights – neighbor law 2) To harmonize an owners right in regard to his thing, with the rights of other limited real right holders to the same thing 3) It controls the acquisition and transfer of things and real rights Sources of the law of things a) The constitution b) Statutory law c) Case law d) Common law Downloaded by: ChelseySage15 | Distribution of this document is illegal S - The study-notes marketplace “THE EXPERT IN ANYTHING WAS ONCE A BEGINNER” e) Indigenous customary law