LAW OF PROPERTY PVL3701 EXAM
REVISION PACK.
Revision Questions & ANSWERS
STUDY UNIT 1
• Define:
• real right (5)
A real right can be defined as a lawful relationship between a
legal and a thing which confers direct control over the thing on
the legal subject as well as the relationship between the legal
subject and other legal subjects who must respect this
relationship.
• property law. (5)
In its broad sense property law can also be described as
patrimonial law - the law dealing with a person's patrimony (all
his/her assets). Patrimonial law is divided into the law of things,
the law of succession, the law of obligations and intellectual
property law. The law of things as a subdivision of patrimonial
, law is a division of private law. The law of things deals with a
specific legal object, namely a thing.
• res nullius. (2)
Things that are susceptible to ownership, but that belong to no-
one at a particular stage, for example, wild animals or fish or a
thing that has been thrown away by its owner with the intention
of no longer being the owner (res derelictae).
• thing (5)
A thing is a corporeal object outside the human body, which is an
independent entity subject to judicial control by a legal subject
for whom it has use and value.
• remedy (5)
A remedy can be defined as a legal process / procedure with its
own purpose, for which certain requirements are set and which
protects, maintains or restores a particular relationship in a
specific way.
• property (2)
Property is everything that can form part of a person's estate,
including corporeal things and incorporeal interests and rights.
or
everything which forms part of a person's estate and which
serves as an object of the right that a person exercises in respect
thereof being either corporeal or incorporeal.
• composite thing (3)
It is a composition of different components consisting of
independent things to form a new thing.
• 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.
, • ownership (7)
Ownership is the most comprehensive real right a person can
have with regard to a thing. In principle, a person can act upon
and with his thing as he/she pleases. This apparent freedom is
restricted however, by the law and the rights of others
• expropriation as a form of acquisition of ownership (5)
Expropriation can be defined as an original method of acquiring
ownership in terms of which the State acquires ownership of a
movable or immovable thing without the consent of the owner
against payment of compensation.
• Name the characteristics of a thing. (5)
• Corporeality
• External to humans
• Independence
• Subject to juridical control
• Useful and valuable to humans
• Distinguish between:
• the object of a real right and the object of a personal right
(creditor's right). (2)
The object of a real right is a corporeal thing; whereas the object
of a personal right is performance (to give something, to do
something or not to do something)
• consumable and non-consumable things (5)
Consumable things are depleted in value or consumed by normal
use, while non-consumable things are essentially maintained
even if normal wear and tear occurs through use.
• singular and composite things (5)
Singular things exist independently without being composed of
particular components for instance a dog. Composite things are
compositions of different components, consisting of independent
things in a new unit for example a motor bike.
• property and a thing (5)
, ``Property'' in the law of property refers to everything that forms
part of a person's estate. In a narrow sense, property law refers
to the law of things, which is the system of legal rules that
regulates legal relationships between legal subjects in regard to
a particular legal object, that is, a thing. We shall 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.
• principal things, accessory things and auxiliary things (6)
• A principal thing is a thing that can exist independently
and can be the object of real rights. An example is a motor
car.
• An accessory thing can exist independently of the
principal thing but which has been merged or mixed with
the principal thing to such an extent that it has lost its
independence. An example is a brick built into a house.
• An auxiliary thing is a thing that can exist independently of
a principal thing, but because of its economic value,
destination or use is no longer regarded as independent
for the purposes of property law. An example is a key to a
door.
• Distinguish between a right and an entitlement and give
examples of each. (5)
A right is a legally recognised and valid claim by a legal subject
to a specific object, for example, the relationship between an
owner and a thing. An entitlement denotes the content of a right,
for example as owner one has entitlements of use, control
etcetera.
• Limited real rights and creditor’s rights (personal rights)
A limited real right is a real right which grants limited
entitlements of use over a thing belonging to someone else. It is
registrable. Creditor’s right – a claim enforceable against a
specific person. In principle it is not registrable.
• Things can be classified according to their relation to humans or to their
inherent characteristics and qualities. Rearrange the second column below
so that the examples listed in the second column correspond to the things in
the first column :
REVISION PACK.
Revision Questions & ANSWERS
STUDY UNIT 1
• Define:
• real right (5)
A real right can be defined as a lawful relationship between a
legal and a thing which confers direct control over the thing on
the legal subject as well as the relationship between the legal
subject and other legal subjects who must respect this
relationship.
• property law. (5)
In its broad sense property law can also be described as
patrimonial law - the law dealing with a person's patrimony (all
his/her assets). Patrimonial law is divided into the law of things,
the law of succession, the law of obligations and intellectual
property law. The law of things as a subdivision of patrimonial
, law is a division of private law. The law of things deals with a
specific legal object, namely a thing.
• res nullius. (2)
Things that are susceptible to ownership, but that belong to no-
one at a particular stage, for example, wild animals or fish or a
thing that has been thrown away by its owner with the intention
of no longer being the owner (res derelictae).
• thing (5)
A thing is a corporeal object outside the human body, which is an
independent entity subject to judicial control by a legal subject
for whom it has use and value.
• remedy (5)
A remedy can be defined as a legal process / procedure with its
own purpose, for which certain requirements are set and which
protects, maintains or restores a particular relationship in a
specific way.
• property (2)
Property is everything that can form part of a person's estate,
including corporeal things and incorporeal interests and rights.
or
everything which forms part of a person's estate and which
serves as an object of the right that a person exercises in respect
thereof being either corporeal or incorporeal.
• composite thing (3)
It is a composition of different components consisting of
independent things to form a new thing.
• 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.
, • ownership (7)
Ownership is the most comprehensive real right a person can
have with regard to a thing. In principle, a person can act upon
and with his thing as he/she pleases. This apparent freedom is
restricted however, by the law and the rights of others
• expropriation as a form of acquisition of ownership (5)
Expropriation can be defined as an original method of acquiring
ownership in terms of which the State acquires ownership of a
movable or immovable thing without the consent of the owner
against payment of compensation.
• Name the characteristics of a thing. (5)
• Corporeality
• External to humans
• Independence
• Subject to juridical control
• Useful and valuable to humans
• Distinguish between:
• the object of a real right and the object of a personal right
(creditor's right). (2)
The object of a real right is a corporeal thing; whereas the object
of a personal right is performance (to give something, to do
something or not to do something)
• consumable and non-consumable things (5)
Consumable things are depleted in value or consumed by normal
use, while non-consumable things are essentially maintained
even if normal wear and tear occurs through use.
• singular and composite things (5)
Singular things exist independently without being composed of
particular components for instance a dog. Composite things are
compositions of different components, consisting of independent
things in a new unit for example a motor bike.
• property and a thing (5)
, ``Property'' in the law of property refers to everything that forms
part of a person's estate. In a narrow sense, property law refers
to the law of things, which is the system of legal rules that
regulates legal relationships between legal subjects in regard to
a particular legal object, that is, a thing. We shall 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.
• principal things, accessory things and auxiliary things (6)
• A principal thing is a thing that can exist independently
and can be the object of real rights. An example is a motor
car.
• An accessory thing can exist independently of the
principal thing but which has been merged or mixed with
the principal thing to such an extent that it has lost its
independence. An example is a brick built into a house.
• An auxiliary thing is a thing that can exist independently of
a principal thing, but because of its economic value,
destination or use is no longer regarded as independent
for the purposes of property law. An example is a key to a
door.
• Distinguish between a right and an entitlement and give
examples of each. (5)
A right is a legally recognised and valid claim by a legal subject
to a specific object, for example, the relationship between an
owner and a thing. An entitlement denotes the content of a right,
for example as owner one has entitlements of use, control
etcetera.
• Limited real rights and creditor’s rights (personal rights)
A limited real right is a real right which grants limited
entitlements of use over a thing belonging to someone else. It is
registrable. Creditor’s right – a claim enforceable against a
specific person. In principle it is not registrable.
• Things can be classified according to their relation to humans or to their
inherent characteristics and qualities. Rearrange the second column below
so that the examples listed in the second column correspond to the things in
the first column :
