PVL 3701 ASSIGNMENT 1

QUESTION 1: a) False. Ownership is the most comprehensive real right a person can have with regards to a thing, however although the principle allows for a person to act upon and with their thing as they please, their freedom is restricted by law and the rights of others.1 b) False. The rei vindicatio is a real action which can be instituted by an owner to claim back their thing from who is unlawfully in control of it. The remedy can be instituted with regards to moveable or immovable property. With regards to immovable property, the remedy takes the form of an eviction order. Defences may be raised against the application by alleging that the requirements for a successful reliance on the rei vindicatio action have not been met, namely the defendant can: produce documentary evidence that proves the person who instituted the action is not the owner of the thing, prove that the thing has been destroyed or cannot be identified, or prove that they (defendant) are not in physical control of the thing.2 QUESTION 2: A lawful holder3 is someone who has a real right and is in physical control of a thing with the intent of procuring a benefit, but does so with the permission of the owner. The lawful holder acknowledges that they are not the owner and does not pretend to be. An example would be: If I asked my friend to borrow her laptop and use it to submit a UNISA assignment. I would be in physical control of the laptop with my friend’s permission and the benefit I would procure is that of submitting a due assignment. A mala fide possessor4 is someone who is aware that they are not the legal owner of a thing but nevertheless has the intention of an owner. They do not need to know who the legal owner is or if there is an owner. An example would be: If I stole a laptop with the intent on using it as my own and without making sure it was not someone else’s before taking it. 1 Property Law (2016) University of South Africa; page 42 2 Property Law (2016) University of South Africa; page 120 and 121 3 Property Law (2016) University of South Africa; page 151 4 Property Law (2016) University of South Africa; page 150 This study source was downloaded by from CourseH o