Summary PVL3701Property Law Summaries

STUDY UNIT 1: PROPERTY LAW DEFINITIONS:- Law of things:  The law of things can be defined as a branch of private law which consists of a number of legal rules that determine the nature, content, vesting, protection, transfer and termination of various real relationships between a legal subject and a thing, as well as the rights and duties ensuing from these relationships. Law:  That body of rules and norms which regulates and harmonizes society by demarcating the rights and duties of legal subjects. Right:  Rights deal with the lawful relationships between legal subjects and the relationship between legal subjects and the objects of their rights. Legal subject:  A legal subject can be defined as any person (whether a natural or a legal person) capable of acting as a subject in legal relationships and of acquiring rights and incurring duties in the process.  Human beings (natural persons) are the most common and best-known legal subjects, but legal persons such as the State, universities, companies, close corporations, and so on, are also legal subjects, since they can act as legal subjects in legal relationships and can therefore acquire rights and duties. Legal object:  A legal object can be defined as every object with which a legal subject has a legally recognized relationship.  These legal objects may be divided into things, performances, immaterial property and personality property. Thing:  we define a thing as an independent part of the corporeal world, which is external to humans and subject to human control, as well as useful and valuable to humans. Real remedy:  A real remedy can be defined as a legal process with its own purpose, for which certain requirements are set and which protects, maintains or restores a particular real relationship in a specific way.  A real remedy, therefore, finds application in lawful and unlawful real relationships