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Questions and Answers
Which of the following statements best describes original acquisition of property?
Which of the following statements best describes original acquisition of property?
What is true about derivative acquisition of property?
What is true about derivative acquisition of property?
Which type of property includes tangible assets that can be physically handled?
Which type of property includes tangible assets that can be physically handled?
What is required for the transfer of ownership of immovable property like houses and land in South Africa?
What is required for the transfer of ownership of immovable property like houses and land in South Africa?
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Which of the following is an example of intangible property?
Which of the following is an example of intangible property?
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What is required for original acquisition of property through occupatio?
What is required for original acquisition of property through occupatio?
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In the context of accessio, what distinguishes accessory corporeal property from principal corporeal property?
In the context of accessio, what distinguishes accessory corporeal property from principal corporeal property?
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What is an example of accession of movables to immovables?
What is an example of accession of movables to immovables?
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Which of the following is NOT a form of original acquisition of property discussed?
Which of the following is NOT a form of original acquisition of property discussed?
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What happens to principal corporeal property when it acquires accessory corporeal property?
What happens to principal corporeal property when it acquires accessory corporeal property?
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Study Notes
Private Law Overview
- Private law includes various branches such as family law and property law.
- Focus shifts to property law and intellectual property law in this chapter.
- Ownership acquisition methods in South Africa are critical for new property owners.
Law of Property
- Property encompasses all assets owned by an individual, categorized as:
- Immovable Property: Includes houses and land.
- Movable Property: Includes vehicles and personal belongings.
- Intangible Property: Cannot be touched, e.g., shares in a company.
- Corporeal Property: Tangible, e.g., furniture and bicycles.
- Primary modes of property acquisition in South Africa:
- Original Acquisition: Ownership obtained regardless of previous ownership status.
- Derivative Acquisition: Ownership is legally recognized only if the predecessor owned it legally.
- Ownership transfer for immovable property requires registration in the deeds office.
Original Acquisition of Property
- Various methods exist for acquiring property through original acquisition.
Occupatio
- Involves taking control of unowned property with the intent to own it.
- Examples include capturing wild animals or fish that currently lack ownership.
- Abandoned property can also be claimed through occupatio.
Accessio
- Refers to the combining of two corporeal properties where the accessory loses its independent identity.
- The owner of the principal property gains ownership of the accessory property.
- Types of accessio include:
- Accession of Immovables to Immovables: Occurs through natural processes (e.g., soil movement during flooding).
- Accession of Movables to Immovables: Happens when a movable item becomes attached to an immovable through human actions, leading to shared ownership.
Key Terms
- Predecessor: Former property owner before the acquisition.
- Acquisition: The process of obtaining property ownership.
- Corporeal vs. Incorporeal Property: Tangible versus intangible property classifications.
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Description
This quiz provides an overview of private law with a particular emphasis on property law and intellectual property law. It covers methods of ownership acquisition in South Africa, distinguishing between movable and immovable property. Perfect for law students seeking to understand critical concepts in property ownership.
