PVL3701 - Property Law Exam Questions and Answers 100% pass

PVL3701 - Property Law Exam Questions and Answers 100% pass Interdict - Answer- A summary court order applied for on an urgent basis. Applicant may apply for an order forcing a person to do something or to refrain from doing something. Speedy remedy where rights have been infringed or are about to be infringed Requirements for an interdict - Answer- - a clear right - an actual or reasonably apprehended violation of a right - no similar protection by any other ordinary remedy *Setlogelo v Setlogelo Delivery with the short hand? - Answer- - no transfer of physical control takes place - since the transferee is already in control of the thing, although not as the owner Entitlements? - Answer- - capacities conferred on the legal subject by virtue of a right, in this case the real right of ownership - emanate from rights - use & enjoy ; enjoy the fruits ; control ; consume ; alienate ; burden ; vindicate Consumable - Answer- things that are used up or their value is considerably diminished by ordinary use eg pencils, food stuffs Non consumable - Answer- are preserved in spite of normal use eg car, stove Property? - Answer- - everything that forms part of a persons estate - in narrow sense, 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, namely a thing Things? - Answer- - a branch of private law which consists of a number of legal rules that determine the nature, context, 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 Derivative method of acquisition of ownership - Answer- - occur with the cooperation of a predecessor in title - right which the transferee obtains is derived from the former owner - predecessor in title should himself have been the owner and have been entitled to transfer ownership Original method of acquisition of ownership - Answer- - used when there is no cooperation from a predecessor in title - where there is no transfer of ownership Requirements for a successful reliance on the condictio furtiva? - Answer- Applicant must prove - ownership or retention of a lawful interest from the date of theft to the date of institution of the action - theft or removal of the thing with deceitful intent - if the action is not instituted against the thief or deceitful remover, that the defendant is the heir of the former Name factors that will be considered by a court in determining the amount of compensation for an expropriation ito S25 of Constitution? - Answer- - current use of the property - history of the acquisition and use of the property - market value of the property - the extent of direct State investments and subsidy in the