BRIEF NOTES.doc - LAW OF PROPERTY STUDY UNIT 1 CHAPTERS 1 2...

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LAW OF PROPERTY STUDY UNIT 1 CHAPTERS 1 & 2 INTRODUCTION TO THE LAW OF PROPERTY C HAPTER 1 I NTRODUCTION TO THE L AW OF P ROPERTY Can be defined as that part of private law which relates to things. This includes all the rules which relate to the relationship which legal subjects have in respect of things. The Constitution had a significant influence on property law, section 25 of the Constitution (1996) protects property, including real rights, thus property enjoy constitutional protection. D EFINITIONS : Property law: o See above Thing: o Is a specific category of property, which is defined with reference to its characteristics? A corporeal object outside the human body, and an independent entity capable of being subjected to legal sovereignty by a legal subject for whom it has use and value. Property: o Is everything which can form part of a person’s estate including corporeal things and incorporeal interests and rights. Right: o Is a legally recognised and valid claim by a subject to a certain object. o Not all relations between a person and an object are recognised and protected by law. R EMEDY [5] Is a legal procedure provided by the legal system to protect a right against infringement or to control the effects of an unlawful act of situation? Claim or Action: o Is lawful when it is acknowledged and protected by existing legal principles. o Is unlawful when it is in conflict with or not acknowledged by the law. S OURCES OF P ROPERTY L AW Common law Legislation Case law Customary law ALL AS INTERPRETED AND APPLIED WITH DUE REGARD FOR THE SPIRIT AND OBJECTIVES OF THE CONSTITUTION OF 1996. C HAPTER 2 T HINGS AS L EGAL O BJECTS :
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A thing can be defined, in terms of its characteristics, as a corporeal or tangible object external to persons, which is as an independent entity, subject to juridical control by a legal subject, for whom it is of use and value. C HARACTERISTICS OF A T HING : Corporeality External to Humans Independence Subject to juridical control Useful and valuable to humans C LASSIFICATION OF T HINGS : N EGOTIABLE AND NON - NEGOTIABLE THINGS : Negotiable things: Things owed by a natural or legal person or thing in a deceased or insolvent estate. o Res alicuius. Things capable of being owned but which are at a particular stage not owned by anyone. o Res nullis. For example: wild animals, birds, etc. Ownership of these things can be acquired through appropriation. Things no longer in the physical control of an owner an in respect of which the owner no longer has the intention to be owner (animus domini). o Res deperditae. Things lost and no longer within the physical control of the owner of which the owner has not lost the intention to be the owner (animus domini).
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