Court's Practical Approach to Subtraction Test

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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?

Personal or creditor's right Signup and view all the answers

Why are subsequent owners bound by the obligation?

Because the obligation affects the land, regardless of ownership Signup and view all the answers

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

It is registered against the land Signup and view all the answers

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

Distinguishing between limited real rights and creditor's rights Signup and view all the answers

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

They operate absolutely and are enforceable against the world at large Signup and view all the answers

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

It influences the decision to register the right Signup and view all the answers

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

The right confers direct control and right of disposal over the thing 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?

Thing Signup and view all the answers

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

Constitutional law Signup and view all the answers

What is the primary focus of the personalist theory?

The person against whom the right may be enforced 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?

The uncertainty surrounding the registration of certain rights Signup and view all the answers

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

Rights Signup and view all the answers

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

Person 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?

Property Signup and view all the answers

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

Traditional law of things Signup and view all the answers