Summary
Summary 8 Original Aquisition of Ownership
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Complete summary of the chapter with the relevant case law.
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8 Original Acquisition of OwnershipORIGINAL ACQUISITION OF OWNERSHIP DERIVATIVE ACQUISITION OF OWNERSHIP
Not dependant on the lawful ownership of a Dependant on the lawful ownership of a legal
legal predecessor predecessor.
Benefits and obligations of the previous owner
are not usually passed to the new owner.
If there is no previous owner acquisition of
ownership takes place through appropriation
of a thing that is not owned or that has been
abandoned by its owner.
Co-operation of previous owner is no Ownership can take place of original
necessary. acquisition with the previous owners co-
operation.
APPROPRIATION – occupatio
Appropriation is the unilateral exercising of physical control over a corporeal thing which can
owned res in commercio, which is not owned by anyone res nulluis / res derelicta with the intention
of becoming the owner.
REQUIREMENTS
Physical control corpus
With the intention of the owner animus domini
Of a corporeal thing not belonging to anyone
a. Physical control – corpus
Must be possible to physically control the thing.
Nature of the physical control depends of the circumstances on the case especially on the nature
and is objectively determined.
Physical control need not be lawful.
Although exercise of unlawful physical control may be a crime, controller can become owners of
the object for instance in the case of pornographic material.
b. Intention – animus
Physical control must be exercised with the intention of the controller to be the owner.
c. Object
Control must be exercised in respect of a corporeal thing which does not belong to anyone.
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