PVL 3701 ASSIGNMENT 1
2021 pvl3701 assignment 1
QUESTION 1:
DIFFERNECE BETWEEN PERSONAL RIGHT AND REAL RIGHT
Personal rights: its objective is about performance by doing or not doing something, whereby holder
of such right is entitled to claim performance from a specific person. Holder of a personal right
enforces
, PVL3701
Question 1:
Personal right and real right
Personal rights: its objective is about performance by doing or not doing something,
whereby holder of such right is entitled to claim performance from a specific person.
Holder of a personal right enforces his rights by means of personal action. These rights
come into existence through obligations.
Real rights are corporeal thing except in a pledge of claims. The holder of real rights
has direct claim to or over a thing and also right for disposal of such thing., as the
holder is able to enforce their real right by means of real actions ( e.g. rei vindicatio)
of owner, which can be instituted against anyone who is unlawfully in control of the
thing . real rights are absolute in principles.
Question 2:
Difference between ownership and limited real right
In the ownership, the thing in question belongs to the owner, whereas in limited real
rights, its specific uses of the thing that belong to someone else.
Question 3:
Type of right for Ms Annie Hendricks
Ms Hendricks has the right to habitation (habitatio). This is a limited real right
enforceable against the entire rights of ownership that the daughter in law have as
described in Hendricks v Hendricks case paragraph 6.
Question 4
Type of rights for Ms Margaret Hendricks and Mr Graham Hendricks
Ms Margaret Hendricks and Mr Graham Hendricks enjoyed the right of ownership.
Paragraph 7
Question 5
5.1. subtraction from the dominium test determines whether a right of another person
amounts to a subtraction from ownership of land and is therefore a real right. The
purpose of the subtraction from the dominium test is to distinguish between dominium
and limited real rights.
5.2. The reasoning behind the court’s decision was that the right of habitation is a
limited real right enforceable against the entire world (hence its registrability against a
title deed). The person holding a right of habitation is the “person in charge” of the
2021 pvl3701 assignment 1
QUESTION 1:
DIFFERNECE BETWEEN PERSONAL RIGHT AND REAL RIGHT
Personal rights: its objective is about performance by doing or not doing something, whereby holder
of such right is entitled to claim performance from a specific person. Holder of a personal right
enforces
, PVL3701
Question 1:
Personal right and real right
Personal rights: its objective is about performance by doing or not doing something,
whereby holder of such right is entitled to claim performance from a specific person.
Holder of a personal right enforces his rights by means of personal action. These rights
come into existence through obligations.
Real rights are corporeal thing except in a pledge of claims. The holder of real rights
has direct claim to or over a thing and also right for disposal of such thing., as the
holder is able to enforce their real right by means of real actions ( e.g. rei vindicatio)
of owner, which can be instituted against anyone who is unlawfully in control of the
thing . real rights are absolute in principles.
Question 2:
Difference between ownership and limited real right
In the ownership, the thing in question belongs to the owner, whereas in limited real
rights, its specific uses of the thing that belong to someone else.
Question 3:
Type of right for Ms Annie Hendricks
Ms Hendricks has the right to habitation (habitatio). This is a limited real right
enforceable against the entire rights of ownership that the daughter in law have as
described in Hendricks v Hendricks case paragraph 6.
Question 4
Type of rights for Ms Margaret Hendricks and Mr Graham Hendricks
Ms Margaret Hendricks and Mr Graham Hendricks enjoyed the right of ownership.
Paragraph 7
Question 5
5.1. subtraction from the dominium test determines whether a right of another person
amounts to a subtraction from ownership of land and is therefore a real right. The
purpose of the subtraction from the dominium test is to distinguish between dominium
and limited real rights.
5.2. The reasoning behind the court’s decision was that the right of habitation is a
limited real right enforceable against the entire world (hence its registrability against a
title deed). The person holding a right of habitation is the “person in charge” of the
