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Exam (elaborations)

Pvl3701 – Law Of Property Questions With Verified Answers Detailed Rationales Graded A+

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Pvl3701 – Law Of Property Questions With Verified Answers Detailed Rationales Graded A+

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PVL3701 – LAW OF PROPERTY QUESTIONS WITH
VERIFIED ANSWERS DETAILED RATIONALES GRADED A+




PVL3701 – Law of Property




Questions 1–250

1. A legal scholar is analysing the scope of property law in South African law and must
distinguish between property law in the broad sense and property law in the narrow sense, so
which statement accurately describes property law in the broad sense?

A. It refers exclusively to the law of things, regulating legal relationships between legal subjects
and corporeal objects
B. It forms part of patrimonial law and regulates a person's entire estate, including corporeal
things, personal rights, and immaterial property
C. It is limited to the law of obligations and the law of succession only
D. It applies only to immovable property and excludes movable property
Answer: B. Rationale: In its broad sense, property law forms part of patrimonial law and
regulates a person's patrimony, which includes corporeal things, personal rights, and immaterial
property rights .

2. A student is studying the definition of a "thing" in property law and must identify which
characteristic is NOT required for an object to qualify as a thing, so which option is correct?

A. Corporeality – the object must be capable of sensory perception and occupy space
B. Independence – the object must be a separate and distinct entity


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C. Subject to human control – the object must be susceptible to legal control
D. Subjective value – the object must have sentimental value to the legal subject
Answer: D. Rationale: A thing must be corporeal, external to humans, independent, subject to
human control, and useful and valuable to humans. Sentimental value is not a legal requirement
for something to qualify as a thing .

3. A legal practitioner is advising a client on the classification of things and must explain the
distinction between a singular thing and a composite thing, so which statement is most
accurate?

A. A singular thing is composed of various independent parts, while a composite thing is a single
unit
B. A singular thing exists as a single entity, while a composite thing is made up of various
constituent parts
C. A singular thing is always immovable, while a composite thing is always movable
D. A singular thing is always incorporeal, while a composite thing is always corporeal
Answer: B. Rationale: A singular thing exists as a single entity, while a composite thing is
composed of various constituent parts that together form a single entity .

4. A student is analysing the distinction between a principal thing, an accessory thing, and an
auxiliary thing, so which statement correctly describes an accessory thing?

A. An accessory thing is a thing that exists independently and is not attached to another thing
B. An accessory thing is a thing that has been attached to a principal thing in such a way that it
has lost its independent existence
C. An accessory thing is a thing that is used in conjunction with a principal thing but retains its
independent existence
D. An accessory thing is a thing that is always movable
Answer: B. Rationale: An accessory thing has been attached to a principal thing in such a way
that it has lost its independent existence, such as a brick built into a wall .




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5. A legal researcher is studying the concept of a legal object and must identify which of the
following is NOT a category of legal object in South African property law, so which option is
correct?

A. Things
B. Performances
C. Immaterial property
D. Money
Answer: D. Rationale: Legal objects are divided into things, performances, immaterial property,
and personality property. Money is a thing, not a separate category of legal object .

6. A legal scholar is analysing the function of the law of things and must identify its primary
purpose, so which statement is most accurate?

A. To regulate contractual relationships between legal subjects
B. To determine the nature, content, vesting, protection, transfer, and termination of real
relationships between a legal subject and a thing
C. To govern criminal liability for property offences
D. To regulate constitutional rights to property
Answer: B. Rationale: The law of things is a branch of private law that determines the nature,
content, vesting, protection, transfer, and termination of real relationships between a legal
subject and a thing .

7. A legal practitioner is advising a client on the sources of property law in South Africa and
must identify which source is NOT a primary source of the law of things, so which option is
correct?

A. The Constitution of the Republic of South Africa, 1996
B. The Deeds Registries Act 47 of 1937
C. The Roman-Dutch common law
D. Foreign case law
Answer: D. Rationale: Foreign case law is not a primary source of South African property law.


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The Constitution, the Deeds Registries Act, and Roman-Dutch common law are primary sources
.

8. A legal researcher is studying the distinction between real rights and personal rights and
must identify the defining characteristic of a real right, so which statement is most accurate?

A. A real right is enforceable only against a specific person who is obligated to perform
B. A real right is enforceable against the whole world and confers direct control over a thing
C. A real right is always registrable in the deeds registry
D. A real right is always limited to immovable property
Answer: B. Rationale: A real right is absolute and enforceable against the whole world,
conferring direct control over a thing, whereas a personal right is relative and enforceable only
against a specific person .

9. A legal scholar is analysing the subtraction from the dominium test as formulated in Ex
parte Geldenhuys, so which statement correctly describes this test?

A. A right is real if it subtracts from the dominium (ownership) of the owner of the land
B. A right is real if it is registered in the deeds registry
C. A right is real if it is enforced against a specific person
D. A right is real if it is limited to movable property
Answer: A. Rationale: The subtraction from the dominium test, formulated in Ex parte
Geldenhuys 1926 OPD 155, determines whether a right is real by asking whether it subtracts
from the dominium (ownership) of the owner of the land .

10. A legal practitioner is advising a client on the categories of real rights and must identify
which of the following is NOT a real right, so which option is correct?

A. Ownership
B. A personal servitude
C. A creditor's claim for payment of a debt
D. A real security right
Answer: C. Rationale: A creditor's claim for payment of a debt is a personal right (creditor's

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