PVL3701 - Property Law
PVL3701 - Property Law
Interdict Correct 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 Correct 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? Correct Answer: - no transfer of physical control takes
place
since the transferee is already in control of the thing, although not as the owner
Entitlements? Correct 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 Correct Answer: things that are used up or their value is considerably
diminished by ordinary use eg pencils, food stuffs
Non consumable Correct Answer: are preserved in spite of normal use eg car, stove
Property? Correct 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? Correct 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 Correct Answer: - occur with the
cooperation of a predecessor in title
right which the transferee obtains is derived from the former owner
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, PVL3701 - Property Law
predecessor in title should himself have been the owner and have been entitled to
transfer ownership
Original method of acquisition of ownership Correct 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? Correct 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? Correct 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 Correct 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
Ownership? Correct Answer: Ownership can be defined as the most comprehensive
real right that a person can have with regards to his/her thing. In principle, a person
can act upon and with his/her thing as he/she pleases. This apparent freedom is
restricted, however by the law and the rights of others
Possession? Correct Answer: Physical control of a thing with the intention of an owner,
which is always unlawful and is therefore only a real relationship, not a real right
Personalist theory Correct Answer: - emphasis is placed on the person against who the
right may be enforced
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PVL3701 - Property Law
Interdict Correct 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 Correct 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? Correct Answer: - no transfer of physical control takes
place
since the transferee is already in control of the thing, although not as the owner
Entitlements? Correct 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 Correct Answer: things that are used up or their value is considerably
diminished by ordinary use eg pencils, food stuffs
Non consumable Correct Answer: are preserved in spite of normal use eg car, stove
Property? Correct 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? Correct 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 Correct Answer: - occur with the
cooperation of a predecessor in title
right which the transferee obtains is derived from the former owner
1|Page
, PVL3701 - Property Law
predecessor in title should himself have been the owner and have been entitled to
transfer ownership
Original method of acquisition of ownership Correct 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? Correct 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? Correct 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 Correct 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
Ownership? Correct Answer: Ownership can be defined as the most comprehensive
real right that a person can have with regards to his/her thing. In principle, a person
can act upon and with his/her thing as he/she pleases. This apparent freedom is
restricted, however by the law and the rights of others
Possession? Correct Answer: Physical control of a thing with the intention of an owner,
which is always unlawful and is therefore only a real relationship, not a real right
Personalist theory Correct Answer: - emphasis is placed on the person against who the
right may be enforced
2|Page
