Summary
Summary 11 Termination of Ownership
- Institution
- University Of The Freestate (UFS)
Short chapter, be able to name these aspects and give one or two sentences under each.
[Show more]
Content preview
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.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller restrevD. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now