Exam (elaborations)
PVL3701 EXAM PACK 2023
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- University Of South Africa
PVL3701 EXAM PACK 2023
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PVL3701EXAM PACK
2023
QUESTIONS
AND
ANSWERS
,
, lOMoARcPSD|5216506
LAW
OF
PROPERTY
(PVL3701)
This workbook is compiled from UNISA PVL 3701 prescribed study materials and past Exam
Questions and Suggested Solutions. The content is carefully chosen to assist students with
upcoming exams in May/June & Oct/Nov 2017
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, lOMoARcPSD|5216506
MCQ
1. Indicate the correct option.
Which one of the following things can be regarded as a res nullius?
(1) a domesticated tiger living in his owner‟s house
(2) an impala roaming in the bushes
(3) a Persian cat lying on the neighbor‟s patio
(4) a springbok kept on a private game farm for hunting purposes
ANSWER:
Option 2 is correct. A res nullius is a thing which does not belong to anyone. All creatures that are
wild by nature either in their natural state or when they have reverted to their former wild state are
regarded as res nullius. Wild animals that have been tamed (option 1), domestic animals (option 3) or
wild animals regulated by the Game Theft Act 105 of 1991 (option 4), are not res nullius. An impala
roaming in the bushes is wild by nature and regarded as a res nullius.
See Study Guide pg 92
2. Indicate the correct option.
The following is an example of constructive delivery where a transferee is placed in position to
exercises physical control over a thing:
(1) delivery with the short hand
(2) symbolic delivery
(3) attornment
(4) cession of ownership
ANSWER:
Option 2 is correct. Constructive delivery is when there is no physical or actual handing over of the
thing. The transferee is either placed in a position to excercise physical control, already in physical
control or someone else exercises physical control on his/her behalf. Examples of a transferee placed
in a position to excercise physical control over the thing are symbolic delivery, delivery with the long
hand (traditio longa manu) and bills of lading.
See Study Guide pg 132-134
3. Indicate the correct option.
The aim of the actio negatoria is:
(1) to determine the rights and duties of contesting parties.
(2) to claim the stolen thing or its highest value since the theft.
(3) to claim the market value of the thing that was destroyed or alienated with mala fide intention.
(4) to protect ownership where a servitude holder exceeds the limits of her servitude.
ANSWER:
Option 4 is correct. The actio negatoria is a property law remedy. It is a real action aimed at
protection of ownership in circumstances where third persons seek to exercise rights of a servitude
holder which they do not have or where servitude holders exceed the limits of their servitude. The
WE PROVIDE SOLUTIONS TO ALL UNISA QUALIFICATIONS
Tutorials, Assignment Packs, Revisions, Exam Packs
Cell: 061 385 760 6827 Fax: 086 666 2268 Email: dzillsolutions@webmail.co.za
GOD BLESS US
Downloaded by Ipeleng Selepe (ipelengselepe@gmail.com)
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