PVL3701
PROPERTY LAW EXAM NOTES
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, PROPERTY LAW
INTRODUCTION
Property Law Law of Things
Refers to the law of things which is the system of Brach of private law which consists of a number of
legal rules that regulates legal relationships btw legal legal rules that determine the nature, content,
subjects in regard to a particular legal object – a vesting, protection, transfer & termination of various
thing. legal relationships btw a legal subject & a thing as
well as the rights & duties ensuing from these
relationships.
Property Thing
Everything that forms part of a person’s estate. A specific asset (legal object) in a person’s estate.
This includes assets such as:
1. Things (e.g. land / car / computer / cell And independent part of the corporeal world, which
phone) is:
2. Personal rights (creditor’s rights / claims – 1. External to humans;
e.g. = right to salary, proceeds of an 2. Subject to human control; and
insurance policy, right to claim purchase 3. Useful & valuable to humans
price in terms of a contract of sale)
3. Immaterial property rights (e.g. copyright &
patent rights)
Legal Subject Legal Object
Any person capable of acting as a subject in legal Every object with which a legal subject has a legally
relationships & of acquiring rights & incurring duties recognised relationship.
in the process.
Divided into:
Most common = natural persons (humans) 1. Things;
Can also be legal persons such as – the state / 2. Performance;
universities / companies / close corporations, etc. – 3. Immaterial Property; and
they act as legal subjects in legal relationships & can 4. Personality Property
acquire rights & duties.
1 & 2 = distinguishing btw these two is very NB
because it determines NB distinguishing btw real
& personal rights.
Each of above (1 – 4) has it’s own characteristics
& distinguishes it form other legal objects.
The Law Rights
Body of rules & norms which regulates & harmonises Deals with the lawful relationships btw legal subjects
the community by demarcating (making boundaries / among each other & in relation to the objects of their
limits) the rights & duties of legal subjects. rights.
Real relationship:
A particular legal relationship btw one / more legal subjects & a thing – to which the law attaches
consequences.
It is broader than the concept “real right” > real relationships INCLUDE real rights as well as certain unlawful
real relationships!
There are 2 sides to a real relationship:
Subject-object relationship Subject-subject relationship
Btw particular legal subjects & the particular thing Btw the particular legal subject & all other legal
involved in the relationship which may imply specific subjects, which may imply specific rights & duties
rights & duties for the legal subject in relation to that btw the various legal subjects.
thing.
Nature / content & consequences of a real relationship in a specific situation may be influenced by:
1. attitude of the legal subjects concerned;
2. nature of the thing; and
3. variety of surrounding circumstances.
2 of 95
PROPERTY LAW EXAM NOTES
1 of 95
, PROPERTY LAW
INTRODUCTION
Property Law Law of Things
Refers to the law of things which is the system of Brach of private law which consists of a number of
legal rules that regulates legal relationships btw legal legal rules that determine the nature, content,
subjects in regard to a particular legal object – a vesting, protection, transfer & termination of various
thing. legal relationships btw a legal subject & a thing as
well as the rights & duties ensuing from these
relationships.
Property Thing
Everything that forms part of a person’s estate. A specific asset (legal object) in a person’s estate.
This includes assets such as:
1. Things (e.g. land / car / computer / cell And independent part of the corporeal world, which
phone) is:
2. Personal rights (creditor’s rights / claims – 1. External to humans;
e.g. = right to salary, proceeds of an 2. Subject to human control; and
insurance policy, right to claim purchase 3. Useful & valuable to humans
price in terms of a contract of sale)
3. Immaterial property rights (e.g. copyright &
patent rights)
Legal Subject Legal Object
Any person capable of acting as a subject in legal Every object with which a legal subject has a legally
relationships & of acquiring rights & incurring duties recognised relationship.
in the process.
Divided into:
Most common = natural persons (humans) 1. Things;
Can also be legal persons such as – the state / 2. Performance;
universities / companies / close corporations, etc. – 3. Immaterial Property; and
they act as legal subjects in legal relationships & can 4. Personality Property
acquire rights & duties.
1 & 2 = distinguishing btw these two is very NB
because it determines NB distinguishing btw real
& personal rights.
Each of above (1 – 4) has it’s own characteristics
& distinguishes it form other legal objects.
The Law Rights
Body of rules & norms which regulates & harmonises Deals with the lawful relationships btw legal subjects
the community by demarcating (making boundaries / among each other & in relation to the objects of their
limits) the rights & duties of legal subjects. rights.
Real relationship:
A particular legal relationship btw one / more legal subjects & a thing – to which the law attaches
consequences.
It is broader than the concept “real right” > real relationships INCLUDE real rights as well as certain unlawful
real relationships!
There are 2 sides to a real relationship:
Subject-object relationship Subject-subject relationship
Btw particular legal subjects & the particular thing Btw the particular legal subject & all other legal
involved in the relationship which may imply specific subjects, which may imply specific rights & duties
rights & duties for the legal subject in relation to that btw the various legal subjects.
thing.
Nature / content & consequences of a real relationship in a specific situation may be influenced by:
1. attitude of the legal subjects concerned;
2. nature of the thing; and
3. variety of surrounding circumstances.
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