PVL 3701 – LAW OF PROPERTY Assignment 01-2021

Question 1 Object: The object of a real right is a corporeal thing. The object of a personal right is a performance. Absoluteness: Real rights are absolute in principle. Personal rights are relative in principle. Preference: In the case of insolvency, a real right always enjoys preference over other rights. This principle does not apply to personal rights (with a few exceptions) Publicity: The establishment of a real right requires some form of publicity. The establishment of personal rights does not require publicity. Question 2 Ownership is the most comprehensive real right a person can have with regard to a thing. In principle, a person can act upon and with this thing as he/she pleases. This apparent freedom is restricted, however, by the law, and the rights of others. The difference between ownership and limited real rights lies in the fact that ownership is a real right over one's own thing, whereas limited real rights are real rights to another person's thing. Question 3 Ms Annie Hendricks had a limited real right. In paragraph 6 of the Hendricks decision, Majiedt JA held that the right to habitation as a servitude is a limited real right which gives the holder “the right to stay in the house of another, without detriment to the substance of the property”