PVL3701 - PROPERTY LAW EXAM QUESTIONS AND
ANSWERS WITH COMPLETE SOLUTIONS GRADED A++
LATEST UPDATE
Interdict
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
- 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?
- no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements?
- 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
things that are used up or their value is considerably diminished by ordinary use eg
pencils, food stuffs
Non consumable
are preserved in spite of normal use eg car, stove
Property?
- 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?
- 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
- 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
- used when there is no cooperation from a predecessor in title
- where there is no transfer of ownership
ANSWERS WITH COMPLETE SOLUTIONS GRADED A++
LATEST UPDATE
Interdict
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
- 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?
- no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements?
- 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
things that are used up or their value is considerably diminished by ordinary use eg
pencils, food stuffs
Non consumable
are preserved in spite of normal use eg car, stove
Property?
- 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?
- 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
- 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
- used when there is no cooperation from a predecessor in title
- where there is no transfer of ownership
