LPY201 – LAW OF PROPERTY
EXAMINATION PAPER (SOLUTIONS) – 2017 SECOND SEMESTER
Question 1 [20]
Differentiate between the following things and give an example of each.
1.1 Movable and immovable things. (5)
Immovable things are units of land and everything permanently attached to them by means of
attachment as well as sectional title units. All things that cannot be classified as immovable
are movables.
Example of Immovable: A piece of land as indicated on a map
Example of movable: Can be either corporeal or incorporeal Shares in company, a car etc.
Textbook: (Van der Walt et al) p21
1.2 Fungible and non-fungible things. (5)
Fungible things are typical things that are referred to in trade with reference to weight
measure or number, belong to a certain class or kind can be replaced by similar things
because it does not have individual characteristics that make it irreplaceable.
Example: a light bulb
Non-fungible things have individual characterises or value that make them irreplaceable
Example: an original painting or hand-woven tablecloth (5)
Textbook: (Van der Walt et al) p21
1.3 Consumable and non-consumable things. (5)
Consumable things are depleted in value or consumed by normal use.
Example: food, wine fuel
Non-consumables things are essentially maintained even if normal wear and tear occurs
through use. Example: houses and motor bikes (5)
Textbook: (Van der Walt et al) p.22
1.4 Divisible and non-divisible things. (5)
A thing is divisible if it can be divided into smaller components whilst retaining its nature and
function and without the value of the components being less than the original value for
instances a piece of land or a sack of mealies can be divided into two or more parts.
Indivisible things cannot be divided without changing the value, nature or function of a thing
for instance in the case of a painting or a chair.
Textbook: (Van der Walt et al) p.22 and 23 (5)
1
Compiled by:
A law student @SBS
EXAMINATION PAPER (SOLUTIONS) – 2017 SECOND SEMESTER
Question 1 [20]
Differentiate between the following things and give an example of each.
1.1 Movable and immovable things. (5)
Immovable things are units of land and everything permanently attached to them by means of
attachment as well as sectional title units. All things that cannot be classified as immovable
are movables.
Example of Immovable: A piece of land as indicated on a map
Example of movable: Can be either corporeal or incorporeal Shares in company, a car etc.
Textbook: (Van der Walt et al) p21
1.2 Fungible and non-fungible things. (5)
Fungible things are typical things that are referred to in trade with reference to weight
measure or number, belong to a certain class or kind can be replaced by similar things
because it does not have individual characteristics that make it irreplaceable.
Example: a light bulb
Non-fungible things have individual characterises or value that make them irreplaceable
Example: an original painting or hand-woven tablecloth (5)
Textbook: (Van der Walt et al) p21
1.3 Consumable and non-consumable things. (5)
Consumable things are depleted in value or consumed by normal use.
Example: food, wine fuel
Non-consumables things are essentially maintained even if normal wear and tear occurs
through use. Example: houses and motor bikes (5)
Textbook: (Van der Walt et al) p.22
1.4 Divisible and non-divisible things. (5)
A thing is divisible if it can be divided into smaller components whilst retaining its nature and
function and without the value of the components being less than the original value for
instances a piece of land or a sack of mealies can be divided into two or more parts.
Indivisible things cannot be divided without changing the value, nature or function of a thing
for instance in the case of a painting or a chair.
Textbook: (Van der Walt et al) p.22 and 23 (5)
1
Compiled by:
A law student @SBS
