QUESTION 1.
Define the following terms:
1.1. Notary (6)
A public officer admitted and authorised by the High Court of South Africa to
prepare, execute and attest contracts and other documents and to authenticate
public acts, under supervision of the High Court, and who must have passed a
specialised examination prescribed by the Law Society in terms of statute. Only
a practising attorney who has been admitted as a notary may practise as a
notary. (Compare the defi nition of ‘‘notary public” in s 102 of the Deeds Act.)
1.2. Habitio (4)
Habitation (habitatio). Habitation can be defined as a personal servitude which
grants the dweller, as the holder of the right, a limited real right to occupy the
building of another with the obligation to the return the building substantially
intact to the owner on termination of the habitation. Unlike in the case of use,
the dweller is not entitled to fruits. However, (unlike in the case of use, but
similar to the case of usufruct), he or she is entitled to alienate the entitlements
in terms of the habitation.
1.3. Lease (5)
A lease is defined as a reciprocal agreement between one party, the lessor (also
called the ``landlord''), and another party, the lessee, in terms of which the lessor
binds himself to give the lessee the temporary use and enjoyment of the thing
Define the following terms:
1.1. Notary (6)
A public officer admitted and authorised by the High Court of South Africa to
prepare, execute and attest contracts and other documents and to authenticate
public acts, under supervision of the High Court, and who must have passed a
specialised examination prescribed by the Law Society in terms of statute. Only
a practising attorney who has been admitted as a notary may practise as a
notary. (Compare the defi nition of ‘‘notary public” in s 102 of the Deeds Act.)
1.2. Habitio (4)
Habitation (habitatio). Habitation can be defined as a personal servitude which
grants the dweller, as the holder of the right, a limited real right to occupy the
building of another with the obligation to the return the building substantially
intact to the owner on termination of the habitation. Unlike in the case of use,
the dweller is not entitled to fruits. However, (unlike in the case of use, but
similar to the case of usufruct), he or she is entitled to alienate the entitlements
in terms of the habitation.
1.3. Lease (5)
A lease is defined as a reciprocal agreement between one party, the lessor (also
called the ``landlord''), and another party, the lessee, in terms of which the lessor
binds himself to give the lessee the temporary use and enjoyment of the thing
