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Questions and Answers
Which event marked a significant change in the sources of the law of property?
Which event marked a significant change in the sources of the law of property?
How must common law be applied in contemporary property law?
How must common law be applied in contemporary property law?
What role did legislation play during the apartheid era with respect to property?
What role did legislation play during the apartheid era with respect to property?
Which source of the law was considered the most important for the law of things according to R-D?
Which source of the law was considered the most important for the law of things according to R-D?
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Which is NOT an example of the common law principle regarding property ownership?
Which is NOT an example of the common law principle regarding property ownership?
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What was the primary purpose of the New Laws Ple Act 19 of 1998?
What was the primary purpose of the New Laws Ple Act 19 of 1998?
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What does the subject-object relationship entail in the context of property?
What does the subject-object relationship entail in the context of property?
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Which body is responsible for evaluating both old and new laws for consistency with the Constitution?
Which body is responsible for evaluating both old and new laws for consistency with the Constitution?
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Which type of property relationship involves a legal right in relation to the object?
Which type of property relationship involves a legal right in relation to the object?
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Why are decisions made before 1994 under apartheid laws no longer accepted?
Why are decisions made before 1994 under apartheid laws no longer accepted?
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What is not a characteristic of a factual or physical property relationship?
What is not a characteristic of a factual or physical property relationship?
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In the subject-subject relationship, what does a subject have in relation to the property?
In the subject-subject relationship, what does a subject have in relation to the property?
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What was the outcome of the case of Minister of Interior v Lockhat?
What was the outcome of the case of Minister of Interior v Lockhat?
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Which section of the Constitution was deemed unconstitutional in the case of Minister of Interior v Lockhat?
Which section of the Constitution was deemed unconstitutional in the case of Minister of Interior v Lockhat?
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What concept describes the relationship between legal subjects and things?
What concept describes the relationship between legal subjects and things?
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What should serve as the guiding force when new decisions regarding property are made?
What should serve as the guiding force when new decisions regarding property are made?
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What does the term 'legal subject' refer to in the context provided?
What does the term 'legal subject' refer to in the context provided?
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Which statement best defines 'Property' as per the content?
Which statement best defines 'Property' as per the content?
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What is classified as a 'Thing' in the context provided?
What is classified as a 'Thing' in the context provided?
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What is described as a legally recognized and valid claim by a subject to a certain object?
What is described as a legally recognized and valid claim by a subject to a certain object?
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Which of these does 'Object' refer to?
Which of these does 'Object' refer to?
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What was the status of customary law during the apartheid era?
What was the status of customary law during the apartheid era?
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According to the Bhe Case, which principle in customary law is deemed unconstitutional?
According to the Bhe Case, which principle in customary law is deemed unconstitutional?
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What does Section 39(2) of the 1996 Constitution state regarding the interpretation of legislation?
What does Section 39(2) of the 1996 Constitution state regarding the interpretation of legislation?
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Which of the following is a challenge that arises when acknowledging customary law under the new constitution?
Which of the following is a challenge that arises when acknowledging customary law under the new constitution?
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Why was the principle of male primogeniture in succession considered discriminatory?
Why was the principle of male primogeniture in succession considered discriminatory?
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Which of the following best defines a 'Property Right'?
Which of the following best defines a 'Property Right'?
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A claim for action is considered lawful when:
A claim for action is considered lawful when:
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What does a 'Remedy' in legal terms refer to?
What does a 'Remedy' in legal terms refer to?
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When is a claim for action not considered lawful?
When is a claim for action not considered lawful?
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Which of the following statements accurately describes a 'Remedy'?
Which of the following statements accurately describes a 'Remedy'?
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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
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Description
This quiz covers the traditional and modern sources of property law, including common law, legislation, case law, and customary law.
