Exam (elaborations)
PVL3701-Property-Exam - Notes & All Cases - Summarized
- Course
- PVL3701 - Law of Property
- Institution
- University Of South Africa (Unisa)
PVL3701-Property-Exam - Notes & All Cases - Summarized
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5 reviews
By: whytefire • 11 months ago
By: huntleylg24 • 2 year ago
By: gerhardrasct • 3 year ago
Comprehensive & well systemized
By: Lazie10 • 3 year ago
Thanks for the review Gerhard. I trust you will love more of my documents in future.
By: BlackMatt • 3 year ago
By: Lazie10 • 3 year ago
Thanks for the review Matt. I trust you will love more of my documents in future.
By: Sixishe • 4 year ago
This document is poorly done & deceiving because not all cases are there & those that are there are not sufficiently equipped with the information
By: Lazie10 • 3 year ago
Thanks for the review Sixishe. I trust you will love more of my documents in future.
Content preview
PROPERTY LAWINTRODUCTION
Property Law Law of Things
Refers to the law of things which is the system of Brach of private law which consists of a number of
legal rules that regulates legal relationships btw legal rules that determine the nature, content,
legal subjects in regard to a particular legal object – vesting, protection, transfer & termination of various
a thing. legal relationships btw a legal subject & a thing as
well as the rights & duties ensuing from these
relationships.
Property Thing
Everything that forms part of a person’s estate. A specific asset (legal object) in a person’s estate.
This includes assets such as:
1. Things (e.g. land / car / computer / cell And independent part of the corporeal world, which
phone) is:
2. Personal rights (creditor’s rights / claims – 1. External to humans;
e.g. = right to salary, proceeds of an 2. Subject to human control; and
insurance policy, right to claim purchase 3. Useful & valuable to humans
price in terms of a contract of sale)
3. Immaterial property rights (e.g. copyright &
patent rights)
Legal Subject Legal Object
Any person capable of acting as a subject in legal Every object with which a legal subject has a legally
relationships & of acquiring rights & incurring duties recognised relationship.
in the process.
Divided into:
Most common = natural persons (humans) 1. Things;
Can also be legal persons such as – the state / 2. Performance;
universities / companies / close corporations, etc. – 3. Immaterial Property; and
they act as legal subjects in legal relationships & 4. Personality Property
can acquire rights & duties.
1 & 2 = distinguishing btw these two is very NB
because it determines NB distinguishing btw
real & personal rights.
Each of above (1 – 4) has it’s own
characteristics & distinguishes it form other
legal objects.
The Law Rights
Body of rules & norms which regulates & Deals with the lawful relationships btw legal
harmonises the community by demarcating (making subjects among each other & in relation to the
boundaries / limits) the rights & duties of legal objects of their rights.
subjects.
Real relationship:
A particular legal relationship btw one / more legal subjects & a thing – to which the law attaches
consequences.
It is broader than the concept “real right” > real relationships INCLUDE real rights as well as certain unlawful
real relationships!
There are 2 sides to a real relationship:
Subject-object relationship Subject-subject relationship
Btw particular legal subjects & the particular thing Btw the particular legal subject & all other legal
involved in the relationship which may imply subjects, which may imply specific rights & duties
specific rights & duties for the legal subject in btw the various legal subjects.
relation to that thing.
Nature / content & consequences of a real relationship in a specific situation may be influenced by:
1. attitude of the legal subjects concerned;
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, 2. nature of the thing; and
3. variety of surrounding circumstances.
The 3 categories of the most NB legal relationships are:
Ownership Possession Holdership
Physical control of thing with Physical control of thing with
intention of an owner = amino intention to derive a benefit
domini
Always lawful – therefore – a real Always unlawful – only a real Lawful or unlawful – when lawful
right relationship – not a real right – gives rise to a real right (e.g.
pledge / usufruct)
These two can be subdivided into various legal relationships that can
be: lawful / unlawful / in good faith / in bad faith
Establishment / nature / content / protection & termination of each of these real relationships are governed by
the rules of the law of things.
Not all legal relationships confer rights on the legal subject since the content & consequences of legal
relationships vary according to the consequences of each case.
Real rights:
A lawful real relationship btw a legal subject & a thing which confers direct control over the thing on the legal
subject as well as the relationship btw the legal subject & all other legal subjects who must respect this
relationship.
Only lawful real relationships = ownership & lawful holdership can confer real rights.
Possession & unlawful holdership are unlawful real relationships & don’t confer any real rights – but law does
attach certain circumstances to such relationships!
Entitlements:
Refers to the CONTENT of a right.
Entitlements of a real right determine which acts a legal subject may perform in regard to a thing.
Real right of ownership = most NB entitlements = legal subjects entitlements to:
1. control;
2. use;
3. burden (encumber);
4. enjoy the fruits;
5. consume;
6. alienate; and
7. vindicate
a thing.
The various legal rules governing the establishment & exercise of these entitlements all form part of the law
of things.
Remedies:
When law recognises a real relationship / real right, enforcement takes place by real remedy.
A real remedy = legal process with its own purpose for which certain requirements are set and which
protects, maintains or restores a real relationship in a specific way.
A real remedy finds applications in lawful & unlawful real relationships.
Functions of the law of things:
1. Harmonise / regulate various competing ownership rights;
2. Harmonise / regulate an owner’s rights re his thing with the rights of other limited real rights holders
to the same thing; and
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