PVL3701 - Full Study Pack: Exam Revision Notes & Practice Questions
PVL3701 - Expanded Study Pack: 200 Exam Revision Questions
Ownership
Q1. What is the Latin term for ownership?
Answer: Dominium
Q2. Can co-ownership exist in South African law?
Answer: Yes, two or more people can own the same property jointly.
Q3. What is meant by 'ius abutendi'?
Answer: The right to dispose of the property.
Q4. How is ownership transferred in movable property?
Answer: By delivery (traditio) and intention (animus transferendi).
Q5. What role does the Deeds Registry play in ownership of immovable property?
Answer: It records legal transfer of ownership and gives public notice of ownership rights.
Q6. Which Act regulates the transfer of immovable property?
Answer: The Deeds Registries Act 47 of 1937.
Q7. What is meant by 'nemo plus iuris ad alium transferre potest quam ipse habet'?
Answer: No one can transfer more rights than they themselves have.
Q8. Is ownership a real or personal right?
Answer: A real right.
Q9. What happens to ownership when a movable thing is destroyed?
Answer: Ownership is terminated because the object no longer exists.
Q10. Can a person be an owner without possession?
Answer: Yes, ownership and possession are distinct concepts.
Possession
Q11. Define 'detentio'.
Answer: Physical control of a thing without the intention to hold it as owner.
Q12. What is 'animus possidendi'?
Answer: The mental intention to possess something as if one were the owner.
Q13. What is the difference between 'possessor' and 'detentor'?
Answer: A possessor has both corpus and animus, while a detentor has only corpus.
Q14. Does possession give rise to any legal protections?
Answer: Yes, including the right to bring the possessory remedies.
Q15. Which case defined possession as a combination of physical control and mental intention?
Answer: Zulman v Minister of Police.
Q16. Can possession be transferred without physical delivery?
Answer: Yes, through constructive delivery or delivery by agreement.
Q17. What is the purpose of possessory remedies?
Answer: To protect possession regardless of ownership.
Q18. Which interdict protects possession?
Answer: Mandament van spolie.
Q19. Can unlawful possession be protected?
Answer: Yes, as long as it was peaceful and undisturbed.
Q20. Give an example of lawful possession.
Answer: A tenant in a lease agreement.
Limited Real Rights
PVL3701 - Expanded Study Pack: 200 Exam Revision Questions
Ownership
Q1. What is the Latin term for ownership?
Answer: Dominium
Q2. Can co-ownership exist in South African law?
Answer: Yes, two or more people can own the same property jointly.
Q3. What is meant by 'ius abutendi'?
Answer: The right to dispose of the property.
Q4. How is ownership transferred in movable property?
Answer: By delivery (traditio) and intention (animus transferendi).
Q5. What role does the Deeds Registry play in ownership of immovable property?
Answer: It records legal transfer of ownership and gives public notice of ownership rights.
Q6. Which Act regulates the transfer of immovable property?
Answer: The Deeds Registries Act 47 of 1937.
Q7. What is meant by 'nemo plus iuris ad alium transferre potest quam ipse habet'?
Answer: No one can transfer more rights than they themselves have.
Q8. Is ownership a real or personal right?
Answer: A real right.
Q9. What happens to ownership when a movable thing is destroyed?
Answer: Ownership is terminated because the object no longer exists.
Q10. Can a person be an owner without possession?
Answer: Yes, ownership and possession are distinct concepts.
Possession
Q11. Define 'detentio'.
Answer: Physical control of a thing without the intention to hold it as owner.
Q12. What is 'animus possidendi'?
Answer: The mental intention to possess something as if one were the owner.
Q13. What is the difference between 'possessor' and 'detentor'?
Answer: A possessor has both corpus and animus, while a detentor has only corpus.
Q14. Does possession give rise to any legal protections?
Answer: Yes, including the right to bring the possessory remedies.
Q15. Which case defined possession as a combination of physical control and mental intention?
Answer: Zulman v Minister of Police.
Q16. Can possession be transferred without physical delivery?
Answer: Yes, through constructive delivery or delivery by agreement.
Q17. What is the purpose of possessory remedies?
Answer: To protect possession regardless of ownership.
Q18. Which interdict protects possession?
Answer: Mandament van spolie.
Q19. Can unlawful possession be protected?
Answer: Yes, as long as it was peaceful and undisturbed.
Q20. Give an example of lawful possession.
Answer: A tenant in a lease agreement.
Limited Real Rights
