18 Questions
Where would the court have jurisdiction if the claim involved shares?
In the court of the area where the shares are registered
What determines whether contractual or delictual claims are subject to jurisdiction based on incolae or peregrini?
Attachment to found or confirm jurisdiction
In which scenario would the court have exclusive jurisdiction under the Actio in rem?
When the claim involves immovable property
What is the purpose of Ad fundandam jurisdictionem?
To establish exclusive jurisdiction
When would a court use Ad confirmandam jurisdictionem?
To confirm an already existing ground of jurisdiction
Which scenario involves a local incola as the defendant in a legal case?
Local incola as defendant & foreign peregrinus as plaintiff
In which scenario is consent alone not sufficient for jurisdiction?
Scenario 2
Which term refers to a person who is a local resident in a specific jurisdiction?
Incola
What does the doctrine of 'causae continentia' state?
A court with jurisdiction over part of a cause has jurisdiction over the whole cause.
Which scenario emphasizes that consent alone does not provide attachment to the court?
Scenario 3
What is 'ad confirmandam jurisdictionem' also known as?
Ad fundandam jurisdictionem
Under which circumstance must a court have one or more traditional grounds of jurisdiction, according to the text?
When both parties to the action are peregrini.
What is the main administrative seat of a division in South Africa usually based on?
Provincial boundary
In South Africa, what court has exclusive jurisdiction in certain matters?
Constitutional Court
According to Section 21(1) of the South African law, what does jurisdiction cover?
All causes arising in legal proceedings
What factor largely determines the ratio jurisdictionis at common law?
Nature of subject matter
What does Section 6(3)(a)-(d) of the South African law establish about court divisions?
Each division usually aligns with provincial boundaries
What is the primary consideration in determining court jurisdiction according to the text provided?
Effectiveness of court orders in legal proceedings
This quiz covers the concepts of movable property, immovable property, and incorporeal property in the context of property law. It also touches on topics such as exclusive jurisdiction, real rights in property, and actions in rem and in personam.
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