Law of Property and Intellectual Property

Questions and Answers

Which of the following is an example of corporeal property?

A song composition

A smartphone (correct)

Patents

Shares in a company

Intangible property refers to assets that can be physically touched.

False

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 ______.

copyright Signup and view all the answers

Match the type of property with its definition:

Immovable property = Property that cannot be moved, such as land or buildings Movable property = Property that can be moved, such as furniture or vehicles Intangible property = Non-physical assets like trademarks and patents Corporeal property = Tangible assets that can be touched, like toys or electronics Signup and view all the answers

What is the term for acquiring property when the predecessor did not legally own it?

Original acquisition Signup and view all the answers

Ownership of immovable property can be transferred without registration in the deeds office.

False Signup and view all the answers

What is the main difference between original acquisition and derivative acquisition of property?

Original acquisition allows ownership without prior legal ownership, while derivative acquisition requires the predecessor to have owned legally. Signup and view all the answers

When you take control over property that is not owned by anyone and intend to become the owner, this process is called _______.

occupatio Signup and view all the answers

Match the following terms with their definitions:

Original acquisition = Legal ownership without prior ownership Derivative acquisition = Legal ownership contingent on predecessor's rights Occupatio = Gaining control over unowned property Accessio = Combining accessory property with principal property Signup and view all the answers

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

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.
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.

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.