Property Law: Movable, Immovable and Incorporeal Property
18 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Where would the court have jurisdiction if the claim involved shares?

  • Under Forum rei sitae
  • Where the debtor resides
  • In the court of the area where the shares are registered (correct)
  • Exclusive jurisdiction under Actio in personam

What determines whether contractual or delictual claims are subject to jurisdiction based on incolae or peregrini?

  • Attachment to found or confirm jurisdiction (correct)
  • The nature of the claimant's legal representation
  • Whether the claim involves immovable property
  • Opposition from the defendant

In which scenario would the court have exclusive jurisdiction under the Actio in rem?

  • When the defendant is a local incola
  • When dealing with contractual claims
  • When the claim involves immovable property (correct)
  • When the defendant is a foreign peregrinus

What is the purpose of Ad fundandam jurisdictionem?

<p>To establish exclusive jurisdiction (D)</p> Signup and view all the answers

When would a court use Ad confirmandam jurisdictionem?

<p>To confirm an already existing ground of jurisdiction (C)</p> Signup and view all the answers

Which scenario involves a local incola as the defendant in a legal case?

<p>Local incola as defendant &amp; foreign peregrinus as plaintiff (A)</p> Signup and view all the answers

In which scenario is consent alone not sufficient for jurisdiction?

<p>Scenario 2 (A)</p> Signup and view all the answers

Which term refers to a person who is a local resident in a specific jurisdiction?

<p>Incola (D)</p> Signup and view all the answers

What does the doctrine of 'causae continentia' state?

<p>A court with jurisdiction over part of a cause has jurisdiction over the whole cause. (A)</p> Signup and view all the answers

Which scenario emphasizes that consent alone does not provide attachment to the court?

<p>Scenario 3 (D)</p> Signup and view all the answers

What is 'ad confirmandam jurisdictionem' also known as?

<p>Ad fundandam jurisdictionem (B)</p> Signup and view all the answers

Under which circumstance must a court have one or more traditional grounds of jurisdiction, according to the text?

<p>When both parties to the action are peregrini. (D)</p> Signup and view all the answers

What is the main administrative seat of a division in South Africa usually based on?

<p>Provincial boundary (C)</p> Signup and view all the answers

In South Africa, what court has exclusive jurisdiction in certain matters?

<p>Constitutional Court (C)</p> Signup and view all the answers

According to Section 21(1) of the South African law, what does jurisdiction cover?

<p>All causes arising in legal proceedings (A)</p> Signup and view all the answers

What factor largely determines the ratio jurisdictionis at common law?

<p>Nature of subject matter (A)</p> Signup and view all the answers

What does Section 6(3)(a)-(d) of the South African law establish about court divisions?

<p>Each division usually aligns with provincial boundaries (B)</p> Signup and view all the answers

What is the primary consideration in determining court jurisdiction according to the text provided?

<p>Effectiveness of court orders in legal proceedings (B)</p> Signup and view all the answers

More Like This

Bailment Contract Overview
10 questions
Bienes en Derecho
40 questions

Bienes en Derecho

LovelyJadeite8204 avatar
LovelyJadeite8204
Use Quizgecko on...
Browser
Browser