PVL3701 - Property Law exam with
correct answers
Interdict - correct answer -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 - correct answer -- 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? - correct answer -- no transfer of physical control
takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - correct answer -- 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 - correct answer -things that are used up or their value is considerably
diminished by ordinary use eg pencils, food stuffs
Non consumable - correct answer -are preserved in spite of normal use eg car,
stove
Property? - correct answer -- 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? - correct answer -- 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 - correct answer -- 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 - correct answer -- 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? - correct answer -
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? - correct answer --
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
correct answers
Interdict - correct answer -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 - correct answer -- 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? - correct answer -- no transfer of physical control
takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - correct answer -- 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 - correct answer -things that are used up or their value is considerably
diminished by ordinary use eg pencils, food stuffs
Non consumable - correct answer -are preserved in spite of normal use eg car,
stove
Property? - correct answer -- 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? - correct answer -- 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 - correct answer -- 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 - correct answer -- 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? - correct answer -
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? - correct answer --
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
