Summary
Summary 11 Termination of Ownership
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- Institution
Short chapter, be able to name these aspects and give one or two sentences under each.
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Termination of Ownership1. Death of the owner
2. Destruction of property
When thing is destroyed or becomes a thing that falls outside commerce res extra commercium,
ownership of that thing is terminated.
If thing loses its independent character, that usually leads to loss of ownership.
EXCEPTION – in the case of mixing and fusing.
3.Termination of Legal Relationships
(i) Transfer of Ownership
Persons ownership of a thing is terminated if it is transferred to another person i.t.o a real
agreement.
Movable -delivery
Immovable – registration.
Here the recipient become the new owner as he controls the thing with the intention to be the
owner.
(ii) Loss of Physical Control
Ownership is terminated if the thing is no long owned- res nullius.
Or when the owner abandons the physical control of the thing with the intention of
abandoning his ownership – res derelicta.
Mere loss of physical control over a thing without relinquishing the intention to be owner
cannot result in the termination of ownership.
Intention to relinquish the thing can be explicit or implicit, but loss of the physical control
does not necessarily indicate intention to relinquish the thing.
A thig lost without the over relinquishing the intention to be owner as well, not become
property of person finding it.
Person who acquires ownership will only become owner by prescription or where the owner
relinquishes the intention to be owner after a while and the thing becomes res derelicta at
that stage.
(iii) Operation of Law
Owner always loses control over thing, although he does not necessarily abandon the
intention to be owner.
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