PVL3701 LATEST EXAM PACK

PVWhich one of the following things can be regarded as a res nullius? (1) a domesticated tiger living in his owner‟s house (2) an impala roaming in the bushes (3) a Persian cat lying on the neighbor‟s patio (4) a springbok kept on a private game farm for hunting purposes ANSWER: Option 2 is correct. A res nullius is a thing which does not belong to anyone. All creatures that are wild by nature either in their natural state or when they have reverted to their former wild state are regarded as res nullius. Wild animals that have been tamed (option 1), domestic animals (option 3) or wild animals regulated by the Game Theft Act 105 of 1991 (option 4), are not res nullius. An impala roaming in the bushes is wild by nature and regarded as a res nullius. See Study Guide pg 92 2. Indicate the correct option. The following is an example of constructive delivery where a transferee is placed in position to exercises physical control over a thing: (1) delivery with the short hand (2) symbolic delivery (3) attornment (4) cession of ownership ANSWER: Option 2 is correct. Constructive delivery is when there is no physical or actual handing over of the thing. The transferee is either placed in a position to excercise physical control, already in physical control or someone else exercises physical control on his/her behalf. Examples of a transferee placed in a position to excercise physical control over the thing are symbolic delivery, delivery with the long hand (traditio longa manu) and bills of lading. See Study Guide pg 132-134 3. Indicate the correct option. The aim of the actio negatoria is: (1) to determine the rights and duties of contesting parties. (2) to claim the stolen thing or its highest value since the theft. (3) to claim the market value of the thing that was destroyed or alienated with mala fide intention. (4) to protect ownership where a servitude holder exceeds the limits of her servitude. ANSWER: Option 4 is correct. The actio negatoria is a property law remedy. It is a real action aimed at protection of ownership in circumstances where third persons seek to exercise rights of a servitude holder which they do not have or where servitude holders exceed the limits of their servitude. The WE PROVIDE SOLUTIONS TO ALL UNISA QUALIFICATIONS Tutorials, Assignment Packs, Revisions, Exam Packs Cell: / Fax: Email: GOD BLESS US owner can institute this action against the violatL3701 LATEST EXAM PACK