Podcast
Questions and Answers
What is the primary approach Court used to facilitate matters in the formulation of the subtraction test?
What is the primary approach Court used to facilitate matters in the formulation of the subtraction test?
- Analyzing contractual obligations
- Examining obligations implied by rights (correct)
- Evaluating the intention of the obligors
- Assessing the financial capacity of the co-owners
What is the obligation imposed upon all co-owners regarding the right of subdivision?
What is the obligation imposed upon all co-owners regarding the right of subdivision?
- To draw lots for unequal portions of land
- To exercise their right at a specified time and in a specific manner (correct)
- To compensate others with a fixed amount of money
- To register their rights with the local authorities
What determines whether an obligation is a subtraction from dominium or ownership?
What determines whether an obligation is a subtraction from dominium or ownership?
- The identity of the owner
- The intention of the obligor
- The type of burden imposed on the land (correct)
- The personal capacity of the obligation holder
What type of right corresponds to an obligation placed upon a specific person in their personal capacity?
What type of right corresponds to an obligation placed upon a specific person in their personal capacity?
Why are subsequent owners bound by the obligation?
Why are subsequent owners bound by the obligation?
What is the result of registering a corresponding right that is a real right?
What is the result of registering a corresponding right that is a real right?
What is the primary issue with rights created in a will or a contract concerning immovable property?
What is the primary issue with rights created in a will or a contract concerning immovable property?
According to the classical theory, what is the primary characteristic of real rights?
According to the classical theory, what is the primary characteristic of real rights?
What is the significance of the distinction between real and personal rights in the context of immovable property?
What is the significance of the distinction between real and personal rights in the context of immovable property?
Which of the following is a consequence of recognizing a real right?
Which of the following is a consequence of recognizing a real right?
What is the category of property defined with reference to its characteristics as a corporeal object outside the human body and an independent entity?
What is the category of property defined with reference to its characteristics as a corporeal object outside the human body and an independent entity?
What is the source of law that provides for the protection of rights in property?
What is the source of law that provides for the protection of rights in property?
What is the primary focus of the personalist theory?
What is the primary focus of the personalist theory?
What is the underlying concern in the analysis of case law regarding rights created in a will or a contract?
What is the underlying concern in the analysis of case law regarding rights created in a will or a contract?
What is the term for legally recognized and valid claims by a subject to a certain object?
What is the term for legally recognized and valid claims by a subject to a certain object?
What is the term for a legal subject who can acquire and exercise rights and obligations in law?
What is the term for a legal subject who can acquire and exercise rights and obligations in law?
What is the term for everything that can form part of a person's estate, including corporeal things and incorporeal interests and rights?
What is the term for everything that can form part of a person's estate, including corporeal things and incorporeal interests and rights?
What is the term for the law of property that existed in South Africa before 1994?
What is the term for the law of property that existed in South Africa before 1994?
