PVL3701
Assignment 1
Semester 1
By
Simple Law
The following items are included in this document:
• Explanations and/or computations are provided.
References to a study guide and/or a text book were required.
• Solutions
Conditions of use:
Only to be used as a comparison tool.
Without the author's written permission, do not replicate or
distribute this work.
, Example of the contents of this PDF :
A group of people who occupied a dilapidated house without
permission of the owner has been forcibly removed from the
house, by the owner. The owner acted without a court order
and with the assistance of a private security company. The
group of people have no alternative accommodation and want
to return to the house. They want to know whether they can
apply for a spoliation order and whether such an application
could be successful. The owner of the house argues that they
would not be successful with an application for a spoliation
order, because they did not have his permission to occupy the
house.
QUESTION 1
How would you describe the real relationship between the
group of people (legal subjects) and the house (legal object)?
Substantiate your answer.
The real relationship that exists is that group of people are the mala
fide possessors of the house.
A real relationship is the legal relationship between one or more
people (legal subjects) and a house (legal object). A real
relationship is broader than a real right since real relationships
include real rights, as well as certain unlawful real relationships.
The mala fide possessor is characterised ( continued on next page)
Assignment 1
Semester 1
By
Simple Law
The following items are included in this document:
• Explanations and/or computations are provided.
References to a study guide and/or a text book were required.
• Solutions
Conditions of use:
Only to be used as a comparison tool.
Without the author's written permission, do not replicate or
distribute this work.
, Example of the contents of this PDF :
A group of people who occupied a dilapidated house without
permission of the owner has been forcibly removed from the
house, by the owner. The owner acted without a court order
and with the assistance of a private security company. The
group of people have no alternative accommodation and want
to return to the house. They want to know whether they can
apply for a spoliation order and whether such an application
could be successful. The owner of the house argues that they
would not be successful with an application for a spoliation
order, because they did not have his permission to occupy the
house.
QUESTION 1
How would you describe the real relationship between the
group of people (legal subjects) and the house (legal object)?
Substantiate your answer.
The real relationship that exists is that group of people are the mala
fide possessors of the house.
A real relationship is the legal relationship between one or more
people (legal subjects) and a house (legal object). A real
relationship is broader than a real right since real relationships
include real rights, as well as certain unlawful real relationships.
The mala fide possessor is characterised ( continued on next page)
