PVL3701 ASSIGNMENT 1
Due date 16 August 2021
1.describe the real relationship between group of people and the house
A real relationship is the legal relationship between one or more people (legal
subjects) and a house (legal object).
, PVL3701 property law
1.describe the real relationship between group of people and the house
A real relationship is the legal relationship between one or more people (legal subjects)
and a house (legal object). A real relationship is broader than a real right since real
relationships include real rights, as well as certain unlawful real relationships. There
are usually two sides to a real relationship (and therefore, if it is a lawful real
relationship, to a real right), namely;(i) the subject-object relationship between the
legal subject and the thing involved in the relationship, and (ii) the subject to subject
relationship between the legal subject and all other legal subjects.
2. evaluate the validity of the owner’s argument that the group of people will not
succeed with spoliation
The mandament van spolie, or ‘spoliation order’ is a common-law remedy. Its purpose
is to promote the rule of law and to serve as a shield against cases of ‘self-help’, where
parties take the law into their own hands and exercise ‘power’, which they do not have.
In effect the spoliation remedy provides for interim relief pending determination of the
matter. It can be applied for in cases of evictions to enable the evicted person to
occupy the property pending the finality of the matter. It is for this reason that the
spoliation remedy does not concern itself with ownership of the property or corporeal
right, it merely concerns itself with the status quo of the person dispossessed prior to
the dispossession.
3. Requirements for successful reliance on the spoliation remedy
To succeed in obtaining a spoliation order, the tenant must prove that they were in
‘peaceful and undisturbed possession’, and they were ‘unlawfully deprived of that
possession.
In the City of Tshwane Metropolitan Municipality v The Mamelodi Hostel Residents
Association1,herein City,is absolutely clear that the hostel was in an deplorable state
1 City of Tshwane Metropolitan Municipality v Mamelodi Hostel Residents Association and Others
(025/2011) [2011] ZASCA 227
Due date 16 August 2021
1.describe the real relationship between group of people and the house
A real relationship is the legal relationship between one or more people (legal
subjects) and a house (legal object).
, PVL3701 property law
1.describe the real relationship between group of people and the house
A real relationship is the legal relationship between one or more people (legal subjects)
and a house (legal object). A real relationship is broader than a real right since real
relationships include real rights, as well as certain unlawful real relationships. There
are usually two sides to a real relationship (and therefore, if it is a lawful real
relationship, to a real right), namely;(i) the subject-object relationship between the
legal subject and the thing involved in the relationship, and (ii) the subject to subject
relationship between the legal subject and all other legal subjects.
2. evaluate the validity of the owner’s argument that the group of people will not
succeed with spoliation
The mandament van spolie, or ‘spoliation order’ is a common-law remedy. Its purpose
is to promote the rule of law and to serve as a shield against cases of ‘self-help’, where
parties take the law into their own hands and exercise ‘power’, which they do not have.
In effect the spoliation remedy provides for interim relief pending determination of the
matter. It can be applied for in cases of evictions to enable the evicted person to
occupy the property pending the finality of the matter. It is for this reason that the
spoliation remedy does not concern itself with ownership of the property or corporeal
right, it merely concerns itself with the status quo of the person dispossessed prior to
the dispossession.
3. Requirements for successful reliance on the spoliation remedy
To succeed in obtaining a spoliation order, the tenant must prove that they were in
‘peaceful and undisturbed possession’, and they were ‘unlawfully deprived of that
possession.
In the City of Tshwane Metropolitan Municipality v The Mamelodi Hostel Residents
Association1,herein City,is absolutely clear that the hostel was in an deplorable state
1 City of Tshwane Metropolitan Municipality v Mamelodi Hostel Residents Association and Others
(025/2011) [2011] ZASCA 227
