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Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
PVL3701 LAW OF PROPERTY LATEST EXAM PACK NOVEMBER
WITH 100% CORRECT ANSWERS
General concepts
ans:>nie n vraag
Agreement:
ans:>Conscious meeting of minds (consensus ad idem) between two or
more persons. An agreement creating obligations is known as a
contract.
Capacity to act:
ans:>The capacity to perform valid juristic acts.
Capacity to litigate: The capacity to appear in court as a party to a
suit.
Capacity to litigate:
ans:>The capacity to appear in court as a party to a
suit.
Contract:
ans:>An agreement entered into with the intention of creating an
obligation or obligations.
Curator:
ans:>A person who manages another person's affairs on behalf of the
latter because he or she is not capable of doing so. A curator ventris
acts, in general, on behalf of an unborn child,
,A curator ad litem acts on behalf of another only for the purposes of
litigation and a curator bonis administers another's property.
Damages:
ans:>The amount which a person can claim as compensation for actual
patrimonial loss he or she has suffered as a consequence of delict or
breach of contract. See also ''reparation'' infra.
Delict:
ans:>A delict is a wrongful and intentional or negligent act as a
consequence of which another suffers a loss.
''Wrongful'' is a term with speci c connotations that will be dealt with in
the module on the law of delict. In short, this term signi es the
infringement of a right (subjektiewe reg) or the non-ful lment of a legal
duty.
Enrichment:
ans:>Unjusti ed enrichment occurs when one person obtains a
patrimonial bene t at the expense of another without a valid legal ground
existing for the transfer of the benefit.
Estoppel:
ans:>The doctrine that provides that if someone culpably represents that
a certain state of affairs exists, and another person acts to his or her own
disadvantage in consequence of such a representation, the deceiver is
precluded from raising the true facts.
Exceptio non adimpleti contractus:
ans:>A defence which a party to a reciprocal contract may, under
certain circumstances, employ against the other party when the latter
sues the former on the contract and the latter himself or herself has not
performed or tendered performance.
Juristic act:
ans:>A human act to which the law attaches at least some of the
consequences desired by the party or parties performing the act.
The distinction between a void and a voidable juristic act is important. A
void juristic act is void ab initio and devoid of all legal consequences.
The position is simply as if the juristic act had never taken place. A
voidable juristic act, on the other hand, is valid and has all the usual
legal consequences until it is nulli ed or set aside (e.g. by a party to the
contract or a third party). It differs from a valid juristic act in that it has
,some or other defect that might lead to its nulli cation, but does not
render the juristic act void from the outset.
Law of succession:
ans:>The law of intestate succession determines how and on whom a
person's estate devolves when he or she dies without a valid will. The
law of testate succession determines how and on whom a person's
estate devolves when the testator has left a valid will.
Legal capacity:
ans:>The capacity to have rights and duties.
Legal (or juristic) fact:
ans:>A fact to which the law attaches
consequences.
Legal object:
ans:>Anything in respect of which a legal subject may have rights,
duties and capacities.
Legal (or juristic) personality:
ans:>The attribute of having rights, duties and capacities in the eyes of
the law.
Legal subject:
ans:>A person or entity that can have rights, duties and capacities. A
legal subject is a member of the legal community to whom the law
applies and for whose bene t the law exists. Legal personality is the
capacity of being a legal subject.
Liability:
ans:>A person is legally liable if a performance which is due as a result
of inter alia a contract or delict can be legally enforced against him or
her.
Majors and minors and mondig and onmondig:
ans:>While the first two concepts indicate only whether a person is older
or younger than 18 years, the last two concepts indicate whether or not a
person is legally regarded as being capable of conducting his or her own
affairs.
Child born of married parents and child born of unmarried parents:
, ans:>A child born of married parents is a child who is born of parents
who are legally married to each other at the time of the
child's conception or birth or at any intervening time. Marriage includes
civil, customary and religious marriages as well as civil unions. If a
child's parents are not parties to a valid marriage or civil union with each
other at the time of the child's conception or birth or at any intervening
time, the child is a child born of unmarried parents.
Negotiorum gestio:
ans:>The administering of another's affairs to his or her advantage, but
without his or her knowledge.
Obligation:
ans:>A juristic bond in terms of which, on the one hand, one person has
a right to a performance and, on the other hand, another person has a
duty to render performance. A civil obligation is legally enforceable while
a natural obligation is unenforceable.
Performance:
ans:>Human conduct which may consist of either doing or not doing
something. An obligation consists of a duty to render performance.
Presumption:
ans:>An assumption made by the law on the basis of the available facts.
An irrebuttable presumption cannot be rebutted by proving facts to the
contrary - in such a case the ''presumption'' is actually a legal rule which
states that a certain acceptance must be made by the law if certain facts
are proved to exist. A rebuttable presumption is an acceptance which is
made but which can be rebutted by proving the contrary.
Putative marriage:
ans:>A putative marriage is a void marriage in which one or both of the
parties to the marriage are bona de unaware of the defect invalidating
the marriage. As long as one or both of the parties remain bona de
unaware of the fact that the marriage is in fact invalid, the putative
marriage has the legal consequences of a valid marriage.
Rati cation:
ans:>That behaviour (tacit or express) whereby an error in a juristic act
is rectified so that it acquires full validity retrospectively.
Reparation (genoegdoening, solatium, satisfaction):
Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
PVL3701 LAW OF PROPERTY LATEST EXAM PACK NOVEMBER
WITH 100% CORRECT ANSWERS
General concepts
ans:>nie n vraag
Agreement:
ans:>Conscious meeting of minds (consensus ad idem) between two or
more persons. An agreement creating obligations is known as a
contract.
Capacity to act:
ans:>The capacity to perform valid juristic acts.
Capacity to litigate: The capacity to appear in court as a party to a
suit.
Capacity to litigate:
ans:>The capacity to appear in court as a party to a
suit.
Contract:
ans:>An agreement entered into with the intention of creating an
obligation or obligations.
Curator:
ans:>A person who manages another person's affairs on behalf of the
latter because he or she is not capable of doing so. A curator ventris
acts, in general, on behalf of an unborn child,
,A curator ad litem acts on behalf of another only for the purposes of
litigation and a curator bonis administers another's property.
Damages:
ans:>The amount which a person can claim as compensation for actual
patrimonial loss he or she has suffered as a consequence of delict or
breach of contract. See also ''reparation'' infra.
Delict:
ans:>A delict is a wrongful and intentional or negligent act as a
consequence of which another suffers a loss.
''Wrongful'' is a term with speci c connotations that will be dealt with in
the module on the law of delict. In short, this term signi es the
infringement of a right (subjektiewe reg) or the non-ful lment of a legal
duty.
Enrichment:
ans:>Unjusti ed enrichment occurs when one person obtains a
patrimonial bene t at the expense of another without a valid legal ground
existing for the transfer of the benefit.
Estoppel:
ans:>The doctrine that provides that if someone culpably represents that
a certain state of affairs exists, and another person acts to his or her own
disadvantage in consequence of such a representation, the deceiver is
precluded from raising the true facts.
Exceptio non adimpleti contractus:
ans:>A defence which a party to a reciprocal contract may, under
certain circumstances, employ against the other party when the latter
sues the former on the contract and the latter himself or herself has not
performed or tendered performance.
Juristic act:
ans:>A human act to which the law attaches at least some of the
consequences desired by the party or parties performing the act.
The distinction between a void and a voidable juristic act is important. A
void juristic act is void ab initio and devoid of all legal consequences.
The position is simply as if the juristic act had never taken place. A
voidable juristic act, on the other hand, is valid and has all the usual
legal consequences until it is nulli ed or set aside (e.g. by a party to the
contract or a third party). It differs from a valid juristic act in that it has
,some or other defect that might lead to its nulli cation, but does not
render the juristic act void from the outset.
Law of succession:
ans:>The law of intestate succession determines how and on whom a
person's estate devolves when he or she dies without a valid will. The
law of testate succession determines how and on whom a person's
estate devolves when the testator has left a valid will.
Legal capacity:
ans:>The capacity to have rights and duties.
Legal (or juristic) fact:
ans:>A fact to which the law attaches
consequences.
Legal object:
ans:>Anything in respect of which a legal subject may have rights,
duties and capacities.
Legal (or juristic) personality:
ans:>The attribute of having rights, duties and capacities in the eyes of
the law.
Legal subject:
ans:>A person or entity that can have rights, duties and capacities. A
legal subject is a member of the legal community to whom the law
applies and for whose bene t the law exists. Legal personality is the
capacity of being a legal subject.
Liability:
ans:>A person is legally liable if a performance which is due as a result
of inter alia a contract or delict can be legally enforced against him or
her.
Majors and minors and mondig and onmondig:
ans:>While the first two concepts indicate only whether a person is older
or younger than 18 years, the last two concepts indicate whether or not a
person is legally regarded as being capable of conducting his or her own
affairs.
Child born of married parents and child born of unmarried parents:
, ans:>A child born of married parents is a child who is born of parents
who are legally married to each other at the time of the
child's conception or birth or at any intervening time. Marriage includes
civil, customary and religious marriages as well as civil unions. If a
child's parents are not parties to a valid marriage or civil union with each
other at the time of the child's conception or birth or at any intervening
time, the child is a child born of unmarried parents.
Negotiorum gestio:
ans:>The administering of another's affairs to his or her advantage, but
without his or her knowledge.
Obligation:
ans:>A juristic bond in terms of which, on the one hand, one person has
a right to a performance and, on the other hand, another person has a
duty to render performance. A civil obligation is legally enforceable while
a natural obligation is unenforceable.
Performance:
ans:>Human conduct which may consist of either doing or not doing
something. An obligation consists of a duty to render performance.
Presumption:
ans:>An assumption made by the law on the basis of the available facts.
An irrebuttable presumption cannot be rebutted by proving facts to the
contrary - in such a case the ''presumption'' is actually a legal rule which
states that a certain acceptance must be made by the law if certain facts
are proved to exist. A rebuttable presumption is an acceptance which is
made but which can be rebutted by proving the contrary.
Putative marriage:
ans:>A putative marriage is a void marriage in which one or both of the
parties to the marriage are bona de unaware of the defect invalidating
the marriage. As long as one or both of the parties remain bona de
unaware of the fact that the marriage is in fact invalid, the putative
marriage has the legal consequences of a valid marriage.
Rati cation:
ans:>That behaviour (tacit or express) whereby an error in a juristic act
is rectified so that it acquires full validity retrospectively.
Reparation (genoegdoening, solatium, satisfaction):
