PVL3701 - Property Law COMPLETE
QUESTIONS WITH ANSWERS NEWEST
REVIEW
Interdict - ANS 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 - ANS - 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? - ANS - no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - ANS - 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 - ANS things that are used up or their value is considerably diminished
by ordinary use eg pencils, food stuffs
Non consumable - ANS are preserved in spite of normal use eg car, stove
Property? - ANS - 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? - ANS - 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 - ANS - 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 - ANS - used when there is no
cooperation from a predecessor in title
- where there is no transfer of ownership
Requirements for a successful reliance on the condictio furtiva? - ANS Applicant
must prove
- ownership or retention of a lawful interest from the date of theft to the date of institution
of the action
- theft or removal of the thing with deceitful intent
- if the action is not instituted against the thief or deceitful remover, that the defendant is
the heir of the former
Name factors that will be considered by a court in determining the amount of
compensation for an expropriation ito S25 of Constitution? - ANS - current use of the
property
- history of the acquisition and use of the property
- market value of the property
- the extent of direct State investments and subsidy in the acquisition and beneficial
capital improvement of the property
- the purpose of the expropriation
Requirements for rei vindicatio - ANS Plaintiff must prove on a balance of
probabilities that
- he is the owner
- the thing exists and is identifiable
- the defendant is in control
Ownership? - ANS Ownership can be defined as the most comprehensive real right
that a person can have with regards to his/her thing. In principle, a person can act upon
and with his/her thing as he/she pleases. This apparent freedom is restricted, however
by the law and the rights of others
Possession? - ANS Physical control of a thing with the intention of an owner, which
is always unlawful and is therefore only a real relationship, not a real right
QUESTIONS WITH ANSWERS NEWEST
REVIEW
Interdict - ANS 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 - ANS - 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? - ANS - no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - ANS - 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 - ANS things that are used up or their value is considerably diminished
by ordinary use eg pencils, food stuffs
Non consumable - ANS are preserved in spite of normal use eg car, stove
Property? - ANS - 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? - ANS - 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 - ANS - 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 - ANS - used when there is no
cooperation from a predecessor in title
- where there is no transfer of ownership
Requirements for a successful reliance on the condictio furtiva? - ANS Applicant
must prove
- ownership or retention of a lawful interest from the date of theft to the date of institution
of the action
- theft or removal of the thing with deceitful intent
- if the action is not instituted against the thief or deceitful remover, that the defendant is
the heir of the former
Name factors that will be considered by a court in determining the amount of
compensation for an expropriation ito S25 of Constitution? - ANS - current use of the
property
- history of the acquisition and use of the property
- market value of the property
- the extent of direct State investments and subsidy in the acquisition and beneficial
capital improvement of the property
- the purpose of the expropriation
Requirements for rei vindicatio - ANS Plaintiff must prove on a balance of
probabilities that
- he is the owner
- the thing exists and is identifiable
- the defendant is in control
Ownership? - ANS Ownership can be defined as the most comprehensive real right
that a person can have with regards to his/her thing. In principle, a person can act upon
and with his/her thing as he/she pleases. This apparent freedom is restricted, however
by the law and the rights of others
Possession? - ANS Physical control of a thing with the intention of an owner, which
is always unlawful and is therefore only a real relationship, not a real right
