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AN INTRODUCTION TO THE LAW OF PROPERTY
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THIS IS AN INTRODUCTION TO THE LAW OF PROPERTY, IT COVERS REAL AND PERSONAL RIGHTS, OWNERSHIP, SERVITUDES AND MANY MORE.
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ANSWERS FOR STUDY UNIT 1-2STUDY UNIT 1
1. Distinguish between:
(a) law of property and law of things (4)
ANSWER:
In the broad sense the word “property” in the law of property refers to everything that forms
part of a person’s estate. (1) In a narrow sense property law refers to the law of things, which is
the system that regulates legal (½) relationships (½) between legal subjects (1) in regard to a
particular legal object, that is, a thing. (1)
Patrimonial law is divided into the law of property, the law of succession, the law of obligations
and intellectual property law. Patrimonial law therefore regulates all rights which have assets
in a person’s estate as objects. (1) In this broad sense everything that forms part of a person’s
estate can be described as “property”. Property therefore includes a variety of assets, such as
things, personal rights and immaterial property rights.
The law of things can be defined as a branch of the private law which consists of a number of
legal rules that determine the nature, content, 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.
(Maximum 4 marks)
Summary:
Property law in the broad sense Property law in the narrow sense
In the broad sense the word “property” in In a narrow sense property law refers to the
the law of property refers to everything that law of things, which is the system that
forms part of a person’s estate. regulates legal relationships between legal
subjects in regard to a particular legal object,
that is, a thing.
(b) real right and entitlement (5)
ANSWER:
A real right is a lawful (1) real (1) relationship between a legal subject and a thing (1) which
confers direct control over the thing on the legal subject, as well as the relationship between
the legal subject and all other legal subjects who must respect this relationship.
1
, The term entitlement refers to the content (1) of a right. The entitlements of a real right
determine which acts (1) a legal subject may perform in regard to a thing, eg, may sell or use
the thing.
(c) legal object and thing (4)
ANSWER:
A legal object can be defined as every object (1) with which a legal subject has a legally
recognised (1) relationship. Legal objects may be divided into things, performances, immaterial
property and personality property.
A thing is a specific (1) legal object (1) characterised as follows: it is an independent part of the
corporeal world that exists outside humans, is subject to human control and is of value to
humans.
(d) real relationship and real right (4)
ANSWER:
A real (the word “real” comes from the Latin word “res” meaning a thing) relationship is the
particular (½) legal relationship (½) between one or more legal subjects (½) and a thing (½). A
real relationship is broader (1) than a real right since real relationships include real rights, (1) as
well as certain unlawful (1) real relationships. A lawful real relationship is therefore known as a
real right. Only lawful real relationships, namely ownership and lawful holdership, confer real
rights. Unlawful real relationships, namely possession and unlawful holdership, cannot confer
any real rights. A real right can therefore be defined as a lawful (1) real (1) relationship between
a legal subject and a thing (1) which confers direct control over the thing on the legal subject, as
well as the relationship between the legal subject and all other legal subjects who must respect
this relationship.
(Maximum 4 marks)
2. Briefly distinguish between:
(a) fungible and non-fungible things and explain the relevance of this distinction (7)
ANSWER:
This distinction depends on whether things have individual characteristics (or value), or
whether they belong to a certain kind or genus. The individual character of one kilogram of
sugar or a litre of water is not such that it differs from another litre of water or kilogram of
2
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