PVL3701 EXAM PACK 2024
Interdict - 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 - 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? - ANSWER-- no transfer of physical control
takes place
- since the transferee is already in control of the thing, although not as
the owner
Entitlements? - 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 - ANSWER-things that are used up or their value is
considerably diminished by ordinary use eg pencils, food stuffs
Non consumable - ANSWER-are preserved in spite of normal use eg car,
stove
Property? - 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? - 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 - 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 - 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? -
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? -
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
Requirements for rei vindicatio - ANSWER-Plaintiff must prove on a
balance of probabilities that
- he is the owner
- the thing exists and is identifiable
- the defendant is in control
Ownership? - ANSWER-Ownership can be defined as the most
comprehensive real right that a person can have with regards to his/her
thing. In principle, a person can act upon and with his/her thing as
Interdict - 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 - 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? - ANSWER-- no transfer of physical control
takes place
- since the transferee is already in control of the thing, although not as
the owner
Entitlements? - 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 - ANSWER-things that are used up or their value is
considerably diminished by ordinary use eg pencils, food stuffs
Non consumable - ANSWER-are preserved in spite of normal use eg car,
stove
Property? - 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? - 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 - 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 - 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? -
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? -
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
Requirements for rei vindicatio - ANSWER-Plaintiff must prove on a
balance of probabilities that
- he is the owner
- the thing exists and is identifiable
- the defendant is in control
Ownership? - ANSWER-Ownership can be defined as the most
comprehensive real right that a person can have with regards to his/her
thing. In principle, a person can act upon and with his/her thing as
