ACQUISITION OF OWNERSHIP.docx - ACQUISITION OF OWNERSHIP I...

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ACQUISITION OF OWNERSHIP I. Original versus Derivative Original Derivative By operation of law By transfer (more common) Unilateral (Single person) Bi-lateral (at least two persons) Any previous ownership rights terminated Nemo plus iuris rule (infirmities in title) 1 Assessed objectively: factual situation determines legal (re)allocation of real rights Subjective : intention is key (abstract v causal) No co-operation required Co operation required Eg. Accession, manufacture, prescription Eg. Sale (and delivery) Original Acquisition i Physical control (corpus) ii Mental element (animus) Mostert: “A unilateral act occurs, when specific, objectively determined factors concur (at a particular point in time) and, upon which, by operation of law, ownership rights are re allocated”. Principle of Publicity: Ownership must be publicly discernible to allow for certainty in both a legal and social context. A. Appropriation ( occupatio ) The unilateral taking of possession by a person of property which is unowned at the time, which is res in commercio with the intention of becoming the owner of such property. - Wild animals ( res nullius ) - Abandoned property ( res derelictae ) The requirements for a person to acquire ownership by appropriation: 1.
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