South African Private Law

These flashcards cover key terms and definitions related to Private Law and Property Law.

Private Law

Governs relationships and disputes between individuals, as opposed to disputes between individuals and the state.

Law of Property (in rem)

Governs ownership, possession, servitudes, and real security.

Law of Obligations (in personam)

Regulates duties arising from contracts, quasi-contracts, delicts, and quasi-delicts.

Claim in Rem

A direct legal control over a thing, allowing the owner to recover their property. it is the right an owner has to assert their ownership over a particular thing.

Claim in Personam

A duty owed by one person to another, typically arising from a contract.

Vindicatory Claim

The owner's claim to recover their property, even if sold unlawfully.

Good Faith Possessor

A person who possesses property believing they are the owner, typically acquired from a non-owner.

Accession

Acquisition of ownership of something that belongs to another by its incorporation into what belongs to me.

Treasure Trove

Hidden valuable property, considered neither abandoned nor owned.

Fruits in Property Law

Natural produce of a thing, the owner of the principal thing owns its fruits.

private law concerns 3 things

1. persons

2. things

3. actions

things

deal with property and obligations

I own Ned

property claims in rem

D owes me Ned because he failed to deliver him under contract

claims in personam in the law of obligations

real relationships

relationships are protected by claims in rem

what does it mean to assert ownership

means to establish ones relationship of owner ship over a distinct thing

give an example of asserting ownerhsip

if P proves ownership of Ned the horse in court, they can recover him from T, who holds him unlawfully

how does an owner re-possess their property

an owner re-possess by recovering the property from another holder who has a lesser right to the object that ownership.

what happens in disputes over ownership

ownership trumps other lesser rights in the object during disputes

how does ownership transfer in property law

ownership transfers only through delivery, not just agreement

What is the publicity principle in property law?

Formal delivery, such as registration of land ownership, is required for key properties to ensure public protection

In a bankruptcy situation, who has priority over property claims?

the owner of the property (claim in rem) has priority over creditors with only personal claims (claim inpersonam)

What happens if P owns a Ferrari and D goes bankrupt after servicing it?

P can recover the Ferrari in rem, while D’s creditors receive nothing

What is the absolute right of pursuit in property law?

owner can claim back their property even if it was sold unlawfully

who has the right to reclaim stolen property

the original owner (P) has the right to reclaim the property from anyone in possession (T).

How do claims in personam differ from claims in rem?

Claims in personam are personal duties to perform (e.g., pay), while claims in rem are direct claims to the object itself.

hat is the status of ownership if D sells P's bike to T?

P remains the rightful owner and can reclaim the bike from T, despite T having a valid contract with D.

What is the outcome if T sells the bike to X after buying it from D?

P can reclaim the bike from X, while X has a claim in personam against T for breach of contract

what are the two different classification of property

Corporeal (physical) vs. Incorporeal (intangible) and Movable vs. Immovable.

What is ownership defined as in property law?

The right to use, take the fruits, abuse and dispose of the thing

What is the difference between legal possession and mere physical possession?

Legal possession is protected in law and includes the intent to control the property, while mere physical possession (detention) is unprotected

what are the modes of acquiring ownership?

Original modes (e.g. occupation, accession) and derivative modes (acquiring from another owner)

what is occupation in property law?

Acquisition of ownership of property law that has no owner by taking possession of it

How does fusion and mixture differ in property law

Fusion involves inseparable mixing of property, while mixture maintains the identity of the individual parts

What is prescription (usucapio)?

A means of becoming owner of a thing by possessing it for a certain period under certain conditions.

What is the rule regarding the good faith possessor and fruits?

A good faith possessor owns the fruits on separation but must restore the value of unconsumed fruits to the true owner.