PVL3701 MCQ Memo Bundle with Questions and Answers 2021 latest

Define: (a) real right (5) A real right can be defined as a lawful relationship between a legal and a thing which confers direct control over the thing on the legal subject as well as the relationship between the legal subject and other legal subjects who must respect this relationship. (b) property law. (5) 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 is divided into the law of things, the law of succession, the law of obligations and intellectual property law. The law of things as a subdivision of patrimonial law is a division of private law. The law of things deals with a specific legal object, namely a thing. (c) res nullius. (2) Things that are susceptible to ownership, but that belong to no-one at a particular stage, for example, wild animals or fish or a thing that has been thrown away by its owner with the intention of no longer being the owner (res derelictae). (d) thing (5) A thing is a corporeal object outside the human body, which is an independent entity subject to judicial control by a legal subject for whom it has use and value. (e) remedy (5) A remedy can be defined as a legal process / procedure with its own purpose, for which certain requirements are set and which protects, maintains or restores a particular relationship in a specific way. (f) property (2) Property is everything that can form part of a person's estate, including corporeal things and incorporeal interests and rights. or PVL3701 Revision Questions Page everything which forms part of a person's estate and which serves as an object of the right that a person exercises in respect thereof being either corporeal or incorporeal. (g) composite thing (3) It is a composition of different components consisting of independent things to form a new thing. (h) Real remedy 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. A real remedy, therefore, finds application in lawful and unlawful real relationships. (i) ownership (7) Ownership is the most comprehensive real right a person can have with regard to a thing. In principle, a person can act upon and with his thing as he/she pleases. This apparent freedom is restricted however, by the law and the rights of others (j) expropriation as a form of acquisition of ownership (5) Expropriation can be defined as an original method of acquiring ownership in terms of which the State acquires ownership of a movable or immovable thing without the consent of the owner against payment of compensation. 2. Name the characteristics of a thing. (5)  Corporeality  External to humans  Independence  Subject to juridical control  Useful and valuable to humans 3. Distinguish between: (a) the object of a real right and the object of a personal right (creditor's right). (2) The object of a real right is a corporeal thing; whereas the object of a personal right is performance (to give something, to do something or not to do something) (b) consumable and non-consumable things (5) PVL3701 Revision Questions Page Consumable things are depleted in value or consumed by normal use, while non-consumable things are essentially maintained even if normal wear and tear occurs through use. (c) singular and composite things (5) Singular things exist independently without being composed of particular components for instance a dog. Composite things are compositions of different components, consisting of independent things in a new unit for example a motor bike. (d) property and a thing (5) ``Property'' in the law of property refers to everything that forms part of a person's estate. In a narrow sense, property law 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, that is, a thing. We shall 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. (e) principal things, accessory things and auxiliary things (6) (i) A principal thing is a thing that can exist independently and can be the object of real rights. An example is a motor car. (ii) An accessory thing can exist independently of the principal thing but which has been merged or mixed with the principal thing to such an extent that it has lost its independence. An example is a brick built into a house. (iii) An auxiliary thing is a thing that can exist independently of a principal thing, but because of its economic value, destination or use is no longer regarded as independent for the purposes of property law. An example is a key to a door. (f) Distinguish between a right and an entitlement and give examples of each. (5) A right is a legally recognised and valid claim by a legal subject to a specific object, for example, the relationship between an owner and a thing. An entitlement denotes the content of a right, for example as owner one has entitlements of use, control etcetera. PVL3701 Revision Questions Page (g) Limited real rights and creditor’s rights (personal rights) A limited real right is a real right which grants limited entitlements of use over a thing belonging to someone else. It is registrable. Creditor’s right – a claim enforceable against a specific person. In principle it is not registrable. 4. Things can be classified according to their relation to humans or to their inherent characteristics and qualities. Rearrange the second column below so that the examples listed in the second column correspond to the things in the first column : (i) res publica cigarettes (ii) consumable thing land (iii) divisible thing the sea-shore (3) (i) the sea shore (ii) cigarettes (iii) land 5. X and Y are owners of their farm "Waterval". Q and R, the parents in law of X are owners of their farm "Pulang". S is owner of the farm "Highlands". M has a right of habitation with regard to the farmhouse on "Waterval". S has a lease with Q and R in terms of which he can use a portion of their farm for grazing purposes. Q and R has the right of undisturbed use of a road over the farm of S. Briefly discuss the nature of the limitations on the ownership of (i) X and Y (ii) Q and R (iii) S (12) (i) X and Y (owners of "Waterval". M has a right of habitation with regard to the farmhouse on "Waterval". This right constitutes a personal servitude which is a limited real right. The right of habitation limits X and Y's ownership of the farm in that M can live in the farmhouse as long as she lives. (ii) Q and R (owners of "Pulang"). S has a creditor's right in terms of the lease for grazing purposes on a portion of "Pulang". This creditor's right limits the ownership of Q and R only in respect of the portion that is being leased. The creditor's right is based on the contract of lease between S and Q and R. In terms of the contract S may use that portion of the land for grazing purposes. (iii) S (owner of "Highlands"). Q and R has the right of undisturbed use of a road over "Highlands". If this right was PVL3701 Revision Questions Page granted to Q and R in their capacity as owners of "Pulang" the right will constitute a praedial servitude. If the right was granted to them in their personal capacity, the right will constitute a personal servitude. All servitudes are limited real rights which restrict the ownership of S. 6. Name the characteristics of a thing (5) • Corporeality • External to humans • Independence. • Subject to human control • Useful and valuable to humans 7. Name the functions of property law 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, transfer and extinction of things and real rights. 8. Name the sources of the current law of things in order of priority (i) the Constitution of the Republic of South Africa, 1996 (ii) Statutory law (iii) case law (iv) common law (Roman-Dutch law) (v) indigenous (customary) law