PVL3701 - Property Law COMPLETE QUESTIONS WITH ANSWERS
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
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
