FLS1502 Exam Papers FLS1502.

Exam Papers FLS1502 October/November 2013 Section A: Roman Law of Things Question 1 What is the difference between a personal and a real action? (2) A real action enforced a real right in respect of a thing and could be enforced against any person who encroached on a person’s right to a thing. A personal action on the other hand enforced a personal right that can only be enforced against a specific person. Question 2 Which forms of delivery are applicable in the following cases? 2.1 P buys a herd of cattle from Q. The cattle can only be removed to P’s farm four days later P appoints a farm hand to take care of the cattle. (1) Delivery with the long hand. 2.2 A leases a house from B. Six years later B sells the house to A. (1) Delivery with the short hand. 2.3 A sells his house to C, and the parties agree that A will lease the house from C for six months. (1) Constitutum possessorium 2.4 A buys a farm from D. The details of the transaction are put into writing, and the document is delivered to A. (1) Symbolic delivery Question 3 Read the following scenario carefully and answer the questions which follow. Pay careful attention to the different historical periods referred to in each instance. In the year AD 531 Nero buys twelve horses from Augustus. The animals are transferred by means of traditio. 3.1 Does Nero immediately obtain civil ownership (dominium) of the horses? (3) No, because horses were part of res mancipi that could only be transferred by the formal mancipatio not tradition. 3.2 If the same transaction between Nero and Augustus took place in 45BC, would Nero immediately have obtained civil ownership (dominium) of the horses? (2) Yes, because the praetor gave protection to persons who had acquired res mancipi by an informal method of delivery. 3.3 Suppose Augustus stole the horses from a neighbour in 45 BC, would he be able to transfer civil ownership (dominium) of the animal to Nero, if all the correct procedures for the transfer of civil ownership were followed? (2) No, because Augustus was not the owner of the horses, therefore not entitled to transfer ownership. No one can transfer rights than he has himself. 3.4 Considering the facts in 3.3 above, which remedy would Nero have if Augustus’ neighbour arrives at his (Nero’s) farm and threatens to forcefully claim the horses that Augustus stole from him? (1) Interdictum utrubi Question 4 4.1 Identify the original mode of acquisition of ownership provided in the following situations. (a) Lea becomes the owner of a shell she finds that had washed up on the beach. (1) Appropriation (b) Paul and Quinn’s wines get mixed together and they become co-owners of the mixture. (1) Confusio (c) Teresa becomes the owner of an antique gold necklace that she digs up in her garden. (1) Treasure Trove (d) If Xania’s silk scarf is dyed with Gacius’ dye Xania becomes owner of the dyed scarf. (1) Accession or joining of things (e) In the classical period Brutus becomes the owner of the oil the he (Brutus) made from Cassius’s olives. (1) The creation of a new thing from existing material 4.2 Select the correct answer from COLUMN B that matches the term in Column A and write down the correct answer in the spaces provided below. You need only write down the correct letter from B. 4.2.1 Pledge Only possession of the thing is transferred to the creditor. 4.2.2 Fiducia The most beneficial form of real security to a creditor.