lOMoAR cPSD| 48433225
Downloaded by Vincent master ()
, lOMoAR cPSD| 48433225
PVL3701 STUDY NOTES
INTRODUCTION TO LAW OF PROPERTY
Chapter 1 Introduction to the law of property
Can be defined as that part of private law which relates to things.
This includes all the rules which relate to the relationship which
legal subjects have in respect of things.
The constitution had a significant influence on property
law, sec 25 of the constitution protects property, including
real rights, thus property enjoy constitutional protection.
Definitions:
Property law - See above
Thing – Is a specific category of property, which is defined with
reference to its characteristics:
i) A corporeal object outside the human body, and an
independent entity capable of being subjected to legal
sovereignty by a legal subject for whom it has use and
value
Property – Is everything which can form part of a person’s estate
including corporeal things and incorporeal interests and rights.
Right – Is a legally recognised and valid claim by a subject to a
certain object. Not all relations between a person and an object
are recognised and protected by law.
Remedy [5] – Is a legal procedure provided by the legal system
to protect a right against infringement or to control the effects of
an unlawful act of situation.
Claim or Action – is lawful when it is acknowledged and
protected by existing legal principles – is unlawful when it is in
conflict with or not acknowledged by the law
Sources of Property Law
Downloaded by Vincent master
Downloaded by Vincent master ()
, lOMoAR cPSD| 48433225
PVL3701 STUDY NOTES
INTRODUCTION TO LAW OF PROPERTY
Chapter 1 Introduction to the law of property
Can be defined as that part of private law which relates to things.
This includes all the rules which relate to the relationship which
legal subjects have in respect of things.
The constitution had a significant influence on property
law, sec 25 of the constitution protects property, including
real rights, thus property enjoy constitutional protection.
Definitions:
Property law - See above
Thing – Is a specific category of property, which is defined with
reference to its characteristics:
i) A corporeal object outside the human body, and an
independent entity capable of being subjected to legal
sovereignty by a legal subject for whom it has use and
value
Property – Is everything which can form part of a person’s estate
including corporeal things and incorporeal interests and rights.
Right – Is a legally recognised and valid claim by a subject to a
certain object. Not all relations between a person and an object
are recognised and protected by law.
Remedy [5] – Is a legal procedure provided by the legal system
to protect a right against infringement or to control the effects of
an unlawful act of situation.
Claim or Action – is lawful when it is acknowledged and
protected by existing legal principles – is unlawful when it is in
conflict with or not acknowledged by the law
Sources of Property Law
Downloaded by Vincent master
