PVL3701 ASSIGNMENT 01

PVL3701 ASSIGNMENT 01 Student Number: Unique Number: This study source was downloaded by from CourseH on :14:05 GMT -05:00 This study resource was shared via CourseH QUESTION 1: a) False. Ownership is the most comprehensive real right a person can have with regards to a thing, however although the principle allows for a person to act upon and with their thing as they please, their freedom is restricted by law and the rights of others.1 b) False. The rei vindicatio is a real action which can be instituted by an owner to claim back their thing from who is unlawfully in control of it. The remedy can be instituted with regards to moveable or immovable property. With regards to immovable property, the remedy takes the form of an eviction order. Defences may be raised against the application by alleging that the requirements for a successful reliance on the rei vindicatio action have not been met, namely the defendant can: produce documentary evidence that proves the person who instituted the action is not the owner of the thing, prove that the thing has been destroyed or cannot be identified, or prove that they (defendant) are not in physical control of the thing.2