Podcast
Questions and Answers
Which of the following is an example of corporeal property?
Which of the following is an example of corporeal property?
Intangible property refers to assets that can be physically touched.
Intangible property refers to assets that can be physically touched.
False
What are the two main ways of acquiring ownership in South Africa?
What are the two main ways of acquiring ownership in South Africa?
Through purchase and inheritance.
In intellectual property law, creators can protect their work by obtaining a ______.
In intellectual property law, creators can protect their work by obtaining a ______.
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Match the type of property with its definition:
Match the type of property with its definition:
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What is the term for acquiring property when the predecessor did not legally own it?
What is the term for acquiring property when the predecessor did not legally own it?
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Ownership of immovable property can be transferred without registration in the deeds office.
Ownership of immovable property can be transferred without registration in the deeds office.
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What is the main difference between original acquisition and derivative acquisition of property?
What is the main difference between original acquisition and derivative acquisition of property?
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When you take control over property that is not owned by anyone and intend to become the owner, this process is called _______.
When you take control over property that is not owned by anyone and intend to become the owner, this process is called _______.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Study Notes
Law of Property and Intellectual Property
- Private law consists of several branches, including family law, law of persons, and law of succession.
- Property law and intellectual property law are significant branches of private law, addressing ownership acquisition and protection of creations.
- Understanding how to acquire ownership of goods is essential for personal investments (e.g. houses, cars, shares).
- Protection mechanisms for creations (like music compositions) are crucial to prevent intellectual theft.
- Property encompasses all assets owned by a person, divided into:
- Immovable Property: Fixed assets such as houses and land.
- Movable Property: Items that can be moved, like cars.
- Intangible Property: Non-physical assets, e.g., shares and intellectual creations.
- Corporeal Property: Tangible assets that can be physically handled, such as furniture.
Acquisition of Ownership
- Ownership in South Africa can be acquired in two primary ways:
- Original Acquisition: Legally owning property without needing proof of prior lawful ownership by a predecessor.
- Derivative Acquisition: Legally owning property only if the predecessor had legitimate ownership.
Ownership Transfer
- Ownership of immovable property requires formal registration at the deeds office for valid transfer.
Original Acquisition Methods
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Occupatio:
- Involves taking control of unowned property.
- Intent must be to become the owner and demonstrate physical control.
- Example: Catching fish from the sea gives ownership, provided environmental laws are not violated.
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Accessio:
- Occurs when two corporeal properties combine, where the accessory property integrates into the principal property.
- Principal property maintains its identity, while the accessory loses its standalone status upon combination.
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Description
This quiz explores the branches of private law, focusing on property law and intellectual property law. It covers the essentials of ownership acquisition and the protection of creative works. Understanding these concepts is vital for effective personal investment and safeguarding intellectual creations.