PVL3701 Property Law Revision Study
Pack REVISION QUESTIONS WITH
COMPLETE SOLUTION
law of things - ANS The law of things can be defined as a branch of private law
which consists of a number of legal rules that determine the nature, content, 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.
law - ANS That body of rules and norms which regulates and harmonises society by
demarcating the rights and duties of legal subjects.
right - ANS Rights deal with the lawful relationships between legal subjects and the
relationship between legal subjects and the objects of their rights.
legal subject - ANS A legal subject can be defined as any person (whether a natural
or a legal person) capable of acting as a subject in legal relationships and of acquiring
rights and incurring duties in the process.
legal object - ANS A legal object can be defined as every object with which a legal
subject has a legally recognized relationship.
thing - ANS We 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.
real remedy - ANS 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.
real right - ANS A real right can be defined as a lawful real relationship between a
legal subject and a thing which confers direct control over the thing on the legal subject,
as well as the relationship between the legal subject and all other legal subjects who
must respect this relationship.
law of property - ANS 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 - ANS Patrimonial law is divided into the law of things, the law of
succession, the law of obligations and intellectual property law.
property - ANS Property therefore includes a variety of assets, such as things (for
example, land, a car, a computer and a mobile phone), personal rights (creditor's
rights/claims) (for example, the right to one's salary, the right to the proceeds of an
insurance policy or the right to claim the purchase price in terms of a contract of sale)
and immaterial property rights (for example, copyright and patent rights).
Law of Things - ANS A subdivision of patrimonial law that falls under private law,
dealing with a specific legal object, namely a thing.
Real Right - ANS A lawful real relationship between a legal subject and a thing which
confers direct control over the thing on the legal subject.
Entitlement - ANS The capacities conferred on the legal subject by virtue of a right,
in this case a real right.
Legal Object - ANS Every object with which a legal subject has a legally recognised
relationship, including things, performances, immaterial property, and personality
property.
Thing - ANS A legal object characterised by its material (corporeal) nature, defined
as an independent part of the corporeal world, external to humans, subject to human
control, and useful and valuable to humans.
Real Relationship - ANS The particular legal relationship between one or more legal
subjects and a thing, which may include both lawful and unlawful real relationships.
Subject-Object Relationship - ANS The relationship between the particular legal
subject and the particular thing involved in a real relationship.
Subject-Subject Relationship - ANS The relationship between the particular legal
subject and all other legal subjects in a real relationship.
Functions of the Law of Things - ANS 1. It strives to harmonise or regulate various
competing ownership rights, especially between neighbouring owners. 2. It strives to
harmonise or regulate an owner's rights in regard to his/her thing with the rights of other
,limited real right holders to the same thing. 3. It controls the acquisition, protection and
extinction of things and real rights.
Sources of the Current Law of Things - ANS 1. The Constitution of the Republic of
South Africa, 1996 2. Statute law 3. Case law 4. Common law (Roman-Dutch
law)/indigenous (customary) law.
Indigenous Law - ANS In a multicultural society such as South Africa, it may be the
subsidiary legal system in certain instances rather than Roman-Dutch law.
Negotiable thing - ANS A thing that can be transferred or exchanged.
Divisible thing - ANS A thing that can be divided without losing its essential
characteristics.
Composite thing - ANS A thing made up of constituent parts or independent things
joined together.
Incorporeal thing - ANS A non-physical thing that cannot be touched or physically
possessed.
Non-fungible thing - ANS A thing that is irreplaceable and has individual
characteristics.
Res communes omnium - ANS Things that are common to all.
Singular thing - ANS A thing that consists of a single piece.
Non-negotiable thing - ANS A thing that cannot be transferred or exchanged.
Res publica - ANS Public things that are owned by the state or community.
Immovable thing - ANS A thing that cannot be moved, such as land or buildings.
Fungible thing - ANS A replaceable thing that can be exchanged for another of the
same kind.
Consumable thing - ANS A thing that is used up or whose value is diminished by
ordinary use.
, Non-consumable thing - ANS A thing that is preserved despite normal use.
Movable thing - ANS A thing that can be moved from one place to another.
Indivisible thing - ANS A thing that cannot be divided without changing its nature.
Collection of things - ANS A group of individual items that are not joined together.
Pledge - ANS A legal agreement where a thing is given as security for a debt.
Transfer of ownership - ANS The process of passing ownership of a thing from one
person to another.
Commixtio - ANS The mixing of solids in legal terms.
Confusio - ANS The mingling of liquids in legal terms.
Spoliation order - ANS A legal order for the repair or replacement of a damaged
thing.
Individual characteristics - ANS Unique features that distinguish one thing from
another.
Essential characteristics - ANS Fundamental attributes that define the nature of a
thing.
Natural attachments - ANS Elements that are naturally part of immovable things, like
plants.
Artificial fixtures - ANS Man-made structures that are permanently attached to land.
Constituent parts - ANS The individual components that make up a composite thing.
Replacement - ANS The act of substituting a damaged thing with another.
Law of obligations - ANS Legal principles governing agreements and obligations
between parties.
Pack REVISION QUESTIONS WITH
COMPLETE SOLUTION
law of things - ANS The law of things can be defined as a branch of private law
which consists of a number of legal rules that determine the nature, content, 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.
law - ANS That body of rules and norms which regulates and harmonises society by
demarcating the rights and duties of legal subjects.
right - ANS Rights deal with the lawful relationships between legal subjects and the
relationship between legal subjects and the objects of their rights.
legal subject - ANS A legal subject can be defined as any person (whether a natural
or a legal person) capable of acting as a subject in legal relationships and of acquiring
rights and incurring duties in the process.
legal object - ANS A legal object can be defined as every object with which a legal
subject has a legally recognized relationship.
thing - ANS We 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.
real remedy - ANS 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.
real right - ANS A real right can be defined as a lawful real relationship between a
legal subject and a thing which confers direct control over the thing on the legal subject,
as well as the relationship between the legal subject and all other legal subjects who
must respect this relationship.
law of property - ANS 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 - ANS Patrimonial law is divided into the law of things, the law of
succession, the law of obligations and intellectual property law.
property - ANS Property therefore includes a variety of assets, such as things (for
example, land, a car, a computer and a mobile phone), personal rights (creditor's
rights/claims) (for example, the right to one's salary, the right to the proceeds of an
insurance policy or the right to claim the purchase price in terms of a contract of sale)
and immaterial property rights (for example, copyright and patent rights).
Law of Things - ANS A subdivision of patrimonial law that falls under private law,
dealing with a specific legal object, namely a thing.
Real Right - ANS A lawful real relationship between a legal subject and a thing which
confers direct control over the thing on the legal subject.
Entitlement - ANS The capacities conferred on the legal subject by virtue of a right,
in this case a real right.
Legal Object - ANS Every object with which a legal subject has a legally recognised
relationship, including things, performances, immaterial property, and personality
property.
Thing - ANS A legal object characterised by its material (corporeal) nature, defined
as an independent part of the corporeal world, external to humans, subject to human
control, and useful and valuable to humans.
Real Relationship - ANS The particular legal relationship between one or more legal
subjects and a thing, which may include both lawful and unlawful real relationships.
Subject-Object Relationship - ANS The relationship between the particular legal
subject and the particular thing involved in a real relationship.
Subject-Subject Relationship - ANS The relationship between the particular legal
subject and all other legal subjects in a real relationship.
Functions of the Law of Things - ANS 1. It strives to harmonise or regulate various
competing ownership rights, especially between neighbouring owners. 2. It strives to
harmonise or regulate an owner's rights in regard to his/her thing with the rights of other
,limited real right holders to the same thing. 3. It controls the acquisition, protection and
extinction of things and real rights.
Sources of the Current Law of Things - ANS 1. The Constitution of the Republic of
South Africa, 1996 2. Statute law 3. Case law 4. Common law (Roman-Dutch
law)/indigenous (customary) law.
Indigenous Law - ANS In a multicultural society such as South Africa, it may be the
subsidiary legal system in certain instances rather than Roman-Dutch law.
Negotiable thing - ANS A thing that can be transferred or exchanged.
Divisible thing - ANS A thing that can be divided without losing its essential
characteristics.
Composite thing - ANS A thing made up of constituent parts or independent things
joined together.
Incorporeal thing - ANS A non-physical thing that cannot be touched or physically
possessed.
Non-fungible thing - ANS A thing that is irreplaceable and has individual
characteristics.
Res communes omnium - ANS Things that are common to all.
Singular thing - ANS A thing that consists of a single piece.
Non-negotiable thing - ANS A thing that cannot be transferred or exchanged.
Res publica - ANS Public things that are owned by the state or community.
Immovable thing - ANS A thing that cannot be moved, such as land or buildings.
Fungible thing - ANS A replaceable thing that can be exchanged for another of the
same kind.
Consumable thing - ANS A thing that is used up or whose value is diminished by
ordinary use.
, Non-consumable thing - ANS A thing that is preserved despite normal use.
Movable thing - ANS A thing that can be moved from one place to another.
Indivisible thing - ANS A thing that cannot be divided without changing its nature.
Collection of things - ANS A group of individual items that are not joined together.
Pledge - ANS A legal agreement where a thing is given as security for a debt.
Transfer of ownership - ANS The process of passing ownership of a thing from one
person to another.
Commixtio - ANS The mixing of solids in legal terms.
Confusio - ANS The mingling of liquids in legal terms.
Spoliation order - ANS A legal order for the repair or replacement of a damaged
thing.
Individual characteristics - ANS Unique features that distinguish one thing from
another.
Essential characteristics - ANS Fundamental attributes that define the nature of a
thing.
Natural attachments - ANS Elements that are naturally part of immovable things, like
plants.
Artificial fixtures - ANS Man-made structures that are permanently attached to land.
Constituent parts - ANS The individual components that make up a composite thing.
Replacement - ANS The act of substituting a damaged thing with another.
Law of obligations - ANS Legal principles governing agreements and obligations
between parties.
