Court's Practical Approach to Subtraction Test
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Questions and Answers

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?

  • 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?

  • 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?

    <p>Personal or creditor's right</p> Signup and view all the answers

    Why are subsequent owners bound by the obligation?

    <p>Because the obligation affects the land, regardless of ownership</p> Signup and view all the answers

    What is the result of registering a corresponding right that is a real right?

    <p>It is registered against the land</p> Signup and view all the answers

    What is the primary issue with rights created in a will or a contract concerning immovable property?

    <p>Distinguishing between limited real rights and creditor's rights</p> Signup and view all the answers

    According to the classical theory, what is the primary characteristic of real rights?

    <p>They operate absolutely and are enforceable against the world at large</p> Signup and view all the answers

    What is the significance of the distinction between real and personal rights in the context of immovable property?

    <p>It influences the decision to register the right</p> Signup and view all the answers

    Which of the following is a consequence of recognizing a real right?

    <p>The right confers direct control and right of disposal over the thing</p> Signup and view all the answers

    What is the category of property defined with reference to its characteristics as a corporeal object outside the human body and an independent entity?

    <p>Thing</p> Signup and view all the answers

    What is the source of law that provides for the protection of rights in property?

    <p>Constitutional law</p> Signup and view all the answers

    What is the primary focus of the personalist theory?

    <p>The person against whom the right may be enforced</p> Signup and view all the answers

    What is the underlying concern in the analysis of case law regarding rights created in a will or a contract?

    <p>The uncertainty surrounding the registration of certain rights</p> Signup and view all the answers

    What is the term for legally recognized and valid claims by a subject to a certain object?

    <p>Rights</p> Signup and view all the answers

    What is the term for a legal subject who can acquire and exercise rights and obligations in law?

    <p>Person</p> Signup and view all the answers

    What is the term for everything that can form part of a person's estate, including corporeal things and incorporeal interests and rights?

    <p>Property</p> Signup and view all the answers

    What is the term for the law of property that existed in South Africa before 1994?

    <p>Traditional law of things</p> Signup and view all the answers

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