PVL 3701 past-exam-papers-solutions. 100% correct Ans.

PVL 3701 past-exam-papers-solutions. 100% correct Ans. PROPERTY LAW PVL3701 PAST PAPER SOLUTIONS October November 2019 1.2 page 23 of the study guide 2.3 3.2 page 151 4.1page 150 5.3 64 7.1 8.4 9.1 10.2page102 11.2 12.4 13.2 14.2page218 15.1 `16.1 17.2 18.1 19.2 20.4 Section b Question 1Bona fide possessors (possessors in good faith) = this is a person who is not recognised as the owner because he does not comply with the requirements for establishing ownership – but who has the intention of an owner, on the incorrect assumption that he is in fact the owner. Person is unaware that he does not meet all the requirements for ownership, or he has accidentally appropriated another’s property, unaware that it is not his own. Best examples = person who concludes a contract of sale with a non-owner and who uses the thing, assuming that he has become its owner / person who accidentally picks up another’s pen, believing it to be his own, and who then uses it in that belief / a person who encroaches on his neighbour’s land, unaware that he is encroaching on another’s land. Although the bona fide lOMoARcPSD| possessor’s control of the thing is unlawful - it still has certain legal consequences and is therefore significant in the law of things. Mala fide possessors (possessors in bad faith) = this is a person who is aware that he is not legally recognised as the owner since he does not conform to the requirements for ownership, but who nevertheless has the intention of an owner. A thief is the best example. He is aware that he is not the owner, though, he need not know who the true owner is, or even if there is an owner – he simply does not recognise another person’s ownership. Allthough this relationship is unlawful – it has legal consequences. Lawful Holders Unlawful Holders A person who physically controls the thing with the owner’s permission or on another legal basis in order to derive some benefit from it. Holder does not regard himself as owner; nor does he pretend to be the owner. He exercises control while recognising & respecting the owner’s ownership. EG: tenant / borrower / purchaser on credit who has not yet paid all the instalments / pledgee These persons all base their control of the thing & their intention to derive a benefit from it on a legal ground (i.e. contract) incorporating the owner’s permission. A person who does not regard / conduct himself as the owner, and who recognises & respects the owner’s ownership to the thing, but who physically controls it for the sake of the benefit he derives from it, w/o the owner’s permission / other legal ground for his control. 2 classes of unlawful holders: 1. bona fide unlawful holder: a person who physically controls the thing unlawfully, but he is unaware of the fact, since he is under the incorrect impression that he has the necessary permission / legal ground to control it. EG = a “lessee” who has unknowingly concluded an invalid lease contract – he therefore believes bona fide but wrongly, that he is using the thing with the owner’s consent (while such “consent” would not be recognised legally & is therefore invalid) with the result that his control is unlawful. 2. mala fide unlawful holder: a person who knows that he does not have the owner’s consent for controlling the thing, but he still exercises physical control over it for the sake of the benefit he can derive from it – not with the intention of an owner. EG = a “lessee” who remains on the leased premises, after the lease has expired. Question 1b Distinction significant for: 1. Formalities & requirements for transfer of ownership: