31 Questions
Which event marked a significant change in the sources of the law of property?
1994 onwards
How must common law be applied in contemporary property law?
With great care, considering ideals of dignity, freedom, and equality
What role did legislation play during the apartheid era with respect to property?
Introducing and enforcing segregationary policies
Which source of the law was considered the most important for the law of things according to R-D?
Common law
Which is NOT an example of the common law principle regarding property ownership?
An owner must strictly follow governmental orders in the use of their property
What was the primary purpose of the New Laws Ple Act 19 of 1998?
To review the legal system in relation to the Constitution
What does the subject-object relationship entail in the context of property?
A subject has rights to the object.
Which body is responsible for evaluating both old and new laws for consistency with the Constitution?
Constitutional Court
Which type of property relationship involves a legal right in relation to the object?
Legal relationship
Why are decisions made before 1994 under apartheid laws no longer accepted?
They no longer align with the new legal system
What is not a characteristic of a factual or physical property relationship?
It involves rights to the object.
In the subject-subject relationship, what does a subject have in relation to the property?
A legal duty in relation to the property.
What was the outcome of the case of Minister of Interior v Lockhat?
The Group Areas Act of 1966 was deemed an inevitable result of Apartheid's social experiment
Which section of the Constitution was deemed unconstitutional in the case of Minister of Interior v Lockhat?
Section 26(1)
What concept describes the relationship between legal subjects and things?
Property
What should serve as the guiding force when new decisions regarding property are made?
The Constitution
What does the term 'legal subject' refer to in the context provided?
Rights and obligations
Which statement best defines 'Property' as per the content?
A person's estate including corporeal things and incorporeal interests and rights
What is classified as a 'Thing' in the context provided?
A specific category of property defined with respect to its characteristics
What is described as a legally recognized and valid claim by a subject to a certain object?
A Right
Which of these does 'Object' refer to?
Anything with which a person can acquire & hold a right
What was the status of customary law during the apartheid era?
It was often disregarded and seen as primitive.
According to the Bhe Case, which principle in customary law is deemed unconstitutional?
The principle of male primogeniture in succession.
What does Section 39(2) of the 1996 Constitution state regarding the interpretation of legislation?
Courts must take due regard to the spirit and objectives of chapter 2 (Fundamental rights).
Which of the following is a challenge that arises when acknowledging customary law under the new constitution?
Sometimes customary law conflicts with the constitution.
Why was the principle of male primogeniture in succession considered discriminatory?
It favored male heirs exclusively.
Which of the following best defines a 'Property Right'?
Any legally recognized claim to or interest in property
A claim for action is considered lawful when:
It is acknowledged and protected by existing legal principles
What does a 'Remedy' in legal terms refer to?
A legal procedure to protect a right against infringement or control the effects of an unlawful act
When is a claim for action not considered lawful?
When it conflicts with or is not acknowledged by the law
Which of the following statements accurately describes a 'Remedy'?
A legal procedure available to protect rights against infringement or to address unlawful acts
Study Notes
Sources of Property Law
- Traditionally, the sources of property law include common law, legislation, and case law
- Since 1994, customary law and the Constitution have become significant sources of property law
Common Law
- Prior to 1994, common law was considered the most important source of property law
- However, its role must be reconsidered in light of the Constitution's ideals of dignity, freedom, and equality
- Common law is still applied, but with careful consideration of these constitutional principles
- Examples of common law in action include an owner's freedom to use and dispose of their property as they deem fit, and to lease property as they see fit
Legislation
- Legislation played a significant role in shaping the traditional law of property, particularly during the apartheid era
- Such legislation was often used to enforce segregationary policies regarding property
Case Law
- Prior decisions made by the highest courts are an important source of property law
- However, decisions made before 1994 under apartheid laws are no longer considered valid due to the change in the legal system
New Decisions as a Source of Law
- New decisions, especially those related to property, serve as an important source of law
- The Constitution guides these new decisions, ensuring consistency with its values and aspirations
- Awareness of new ways to distribute land and property is essential, although these developments are still under review
Customary Law
- Customary law was often disregarded during the apartheid era, considered primitive and lacking recognition and protection from the courts
- However, the new Constitution recognizes and gives customary law its rightful place, although conflicts with the Constitution may arise
- For example, the Bhe Case (2005) demonstrated how customary law can be discriminatory against women and children, highlighting the need for reconciliation with the Constitution
Constitutional Law
- All sources of property law must be interpreted and applied in accordance with the 1996 Constitution
- Section 39(2) of the Constitution emphasizes the importance of considering the spirit and objectives of chapter 2 (Fundamental rights) when interpreting legislation
Important Concepts
Property
- Refers to the relationship between legal subjects and an object (or other form of property)
- Has two aspects: subject-object and subject-subject relationships
Types of Property Relationships
- Legal: a right in relation to the object
- Factual or Physical: physical control of the thing
Person (Legal Subject)
- Can be natural or juristic
- Has rights and obligations
Object
- Anything with which a person can acquire and hold a right
- Includes corporeal things and incorporeal interests and rights
Property Right
- Any legally recognized claim to or interest in property
A Claim for Action
- Is lawful when acknowledged and protected by existing legal principles
- Can be in conflict with or not acknowledged by the law
A Remedy
- A legal procedure provided by the legal system to protect a right against infringement or to control the effects of an unlawful act
This quiz covers the traditional and modern sources of property law, including common law, legislation, case law, and customary law.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
