PVL3701 - Property Law 2025
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Terms in this set (54)
A summary court order applied for on an urgent
basis. Applicant may apply for an order forcing a
Interdict person to do something or to refrain from doing
something. Speedy remedy where rights have been
infringed or are about to be infringed
- a clear right
- an actual or reasonably apprehended violation of
Requirements for an
a right
interdict
- no similar protection by any other ordinary remedy
*Setlogelo v Setlogelo
- no transfer of physical control takes place
Delivery with the short
- since the transferee is already in control of the
hand?
thing, although not as the owner
- capacities conferred on the legal subject by virtue
of a right, in this case the real right of ownership
Entitlements? - emanate from rights
- use & enjoy ; enjoy the fruits ; control ; consume ;
alienate ; burden ; vindicate
things that are used up or their value is considerably
Consumable
diminished by ordinary use eg pencils, food stuffs
Non consumable are preserved in spite of normal use eg car, stove
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, 2/20/25, 6:48 PM PVL3701 - Property Law 2025 update|comprehensive questions and verified answers (complete solutions) GRADE A+!! Flash…
- everything that forms part of a persons estate
- in narrow sense, refers to the law of things which is
Property? the system of legal rules that regulates legal
relationships between legal subjects in regard to a
particular legal object, namely a thing
- a branch of private law which consists of a number
of legal rules that determine the nature, context,
vesting, protection, transfer and termination of
Things?
various real relationships between a legal subject
and a thing as well as the rights and duties ensuing
from these relationships
- occur with the cooperation of a predecessor in
title
Derivative method of - right which the transferee obtains is derived from
acquisition of ownership the former owner
- predecessor in title should himself have been the
owner and have been entitled to transfer ownership
- used when there is no cooperation from a
Original method of
predecessor in title
acquisition of ownership
- where there is no transfer of ownership
Applicant must prove
- ownership or retention of a lawful interest from the
Requirements for a date of theft to the date of institution of the action
successful reliance on - theft or removal of the thing with deceitful intent
the condictio furtiva? - if the action is not instituted against the thief or
deceitful remover, that the defendant is the heir of
the former
- current use of the property
Name factors that will be
- history of the acquisition and use of the property
considered by a court in
- market value of the property
determining the amount
- the extent of direct State investments and subsidy
of compensation for an
in the acquisition and beneficial capital
expropriation ito S25 of
improvement of the property
Constitution?
- the purpose of the expropriation
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