Property Law: Movable, Immovable and Incorporeal Property

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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?

To establish exclusive jurisdiction Signup and view all the answers

When would a court use Ad confirmandam jurisdictionem?

To confirm an already existing ground of jurisdiction Signup and view all the answers

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

Local incola as defendant & foreign peregrinus as plaintiff Signup and view all the answers

In which scenario is consent alone not sufficient for jurisdiction?

Scenario 2 Signup and view all the answers

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

Incola Signup and view all the answers

What does the doctrine of 'causae continentia' state?

A court with jurisdiction over part of a cause has jurisdiction over the whole cause. Signup and view all the answers

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

Scenario 3 Signup and view all the answers

What is 'ad confirmandam jurisdictionem' also known as?

Ad fundandam jurisdictionem Signup and view all the answers

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. Signup and view all the answers

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

Provincial boundary Signup and view all the answers

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

Constitutional Court Signup and view all the answers

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

All causes arising in legal proceedings Signup and view all the answers

What factor largely determines the ratio jurisdictionis at common law?

Nature of subject matter Signup and view all the answers

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

Each division usually aligns with provincial boundaries Signup and view all the answers

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

Effectiveness of court orders in legal proceedings Signup and view all the answers

Property Law: Movable, Immovable and Incorporeal Property

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