PVL3701 MCQ EXAM PACK. Q AND A GRADED A+ LATEST 2021.

Checked QUESTION ANSWER Which one of the following things is a composite thing? A painting. INCORRECT A wild animal. INCORRECT A bicycle CORRECT A roll of denim material. INCORRECT John donates a part of his farm to his son, Lucas. They obtain permission to subdivide the farm and Lucas erects a fence on the new boundary. Lucas fetches John and together they drink a toast at the new gate. John says to Lucas: “Son, I am glad that this piece of land is now your property!” What type of right does Lucas have with regard to the land? real right INCORRECT personal right CORRECT limited real right INCORRECT none of the above INCORRECT The relationship of a person who steals a book and uses it as if it belongs to her can be described as … mala fide possession CORRECT ownership INCORRECT holdership INCORRECT bona fide possession INCORRECT In Ex parte Geldenhuys (1926 OPD 155) the court formulated the following test: One has to look not so much to the right, but also to the correlative obligation. If that obligation is a burden on the land, a subtraction from the dominium, the corresponding right is real and registrable; if it is not such an obligation, but merely an obligation binding on some person or other, the corresponding right is a personal right, or a right in personam, and it cannot as a rule be registered. In terms of this test, which one of the following is not registrable? A usufruct of a farm. CORRECT A long-term lease of a car INCORRECT A condition in a will that a farm must be sub-divided when one of the co-owners reaches the age of majority. CORRECT A condition in a will that a farm must be sub-divided by means of the drawing of lots. CORRECT A limited real right over a debtor’s movable thing, which is delivered to the creditor as security for the repayment of a principle debt which the debtor owes the creditor is a … notarial bond INCORRECT special mortgage INCORRECT lien INCORRECT pledge CORRECT Kimu and Myra live next to each other in a rural area. Both plant wheat which they yield, store in bags and grind into flour as the need arises. Without Myra’s consent or knowledge, Kimu accidently takes one of Myra’s bags of wheat, grinds it and bakes 5 loaves of bread. This an example of … accession (accessio). INCORRECT appropriation (occupatio). INCORRECT mixing (commixtio) INCORRECT manufacturing (specificatio) CORRECT An action (remedy) in terms of which an owner can claim the market value of a thing from a person who destroyed or alienated his/her (owner’s) thing with mala fide intention is the: rei vindicatio INCORRECT condictio furtiva INCORRECT actio ad exhibendum CORRECT spoliation remedy INCORRECT Jimmy enters into an agreement with Sally in terms of which he grants her the right to use the road over his farm to her farm. This agreement is in writing but is not registered. Jimmy sells his farm to a new owner, who knows about the servitude agreement, but refuses to allow Sally to use the road. In terms of Grant v Stonestreet (1968 (4) SA 1 (A)), Sally’s legal position is the following: In terms of the doctrine of notice, Sally obtained a limited real right to use the road and the new owner must respect this real right. INCORRECT Sally has no legal remedy and the new owner does not have to allow Sally to use the road, because the servitude agreement was not registered. INCORRECT A buyer (new owner) who has knowledge of the existence of a servitude agreement is bound to register the servitude in terms of the doctrine of notice. CORRECT