Dominium Study guides, Class notes & Summaries

In depth summary of the man provisions in the income tax act regarding donations tax, including exemptions and valuations of limited interests such as usufructs, fiduciary interests and bare dominiums, set out in a step-by-step manner.

Married couple drafted a mutual will which provided that, on the death of one spouse, the surviving spouse and children would inherit the farm. They provided further that the farm should be partitioned when their oldest surviving child reached age of majority & drawing of lots would determine who got which portion of farm.. Furthermore, they provided that the heir who got the portion with the homestead should pay an amount of money to the other children within 5 years of reaching majority.. At...

clat possible legal terms Question and answer rated A+ 2023actus non facit reum nisi mens sit rea An act does not make a person guilty unless the mind is guilty actus reus guilty act aequitas legem sequitur equity follows the law Animo furandi with an intention of stealing Animo Testandi with an intention of making will argumentum ad ignorantiam a position mst be true since no one can prove it is false , an argument based upon ignorance Ceteris Par...

Exam Papers FLS1502 October/November 2013 Section A: Roman Law of Things Question 1 What is the difference between a personal and a real action? (2) A real action enforced a real right in respect of a thing and could be enforced against any person who encroached on a person’s right to a thing. A personal action on the other hand enforced a personal right that can only be enforced against a specific person. Question 2 Which forms of delivery are applicable in the following cases? 2...

QUESTION 1 Indicate whether the following statements are true or false and fully motivate your answers: (a) Ownership is the most comprehensive real right over a thing and therefore an unlimited right. (3) (b) The rei vindicatio is a real action which can be instituted by an owner to claim back his or her thing from whoever is in control of it unlawfully. The remedy may be instituted with regard to movable and immovable property. In the case of immovable property the remedy takes on the ...

PROPERTY SUMMARY Owner’s entitlements: 1. Use 2. Control 3. Encumber – grant someone else rights with regard to the property 4. Fruits 5. Consume 6. Alienate 7. Vindicate – claim back from a 3rd party with the rei vindicatio Characteristics of a thing: a) Corporeal: must be observed by the senses b) External to humans c) Independent d) Subject to judicial control – not the moon e) Useful and valuable to humans – can also have sentimental value Negotiable and non-...

Exam Papers FLS1502 October/November 2013 Section A: Roman Law of Things Question 1 What is the difference between a personal and a real action? (2) A real action enforced a real right in respect of a thing and could be enforced against any person who encroached on a person’s right to a thing. A personal action on the other hand enforced a personal right that can only be enforced against a specific person. Question 2 Which forms of delivery are applicable in the following cases? 2.1...

FOUNDATIONS OF SOUTH AFRICAN LAW FLS 1502 SUMMARY FOR EXAM Void: Having no legal force or effect Not a valid contract Voidable: Having legal force or effect Valid contract BRIEFLY DISCUSS TWO DIFFERENCES BETWEEN A PERSONAL RIGHT AND A REAL RIGHT: A real right is protected by a real action (rei vindicio). This right may be enforced against anyone Example: Agreement + mancipatio = real right. Example: Theft of a chariot belonging to Danie. Personal right is protected by a personal a...

Checked QUESTION ANSWER Which one of the following things is a composite thing? A painting. INCORRECT A wild animal. INCORRECT A bicycle CORRECT A roll of denim material. INCORRECT John donates a part of his farm to his son, Lucas. They obtain permission to subdivide the farm and Lucas erects a fence on the new boundary. Lucas fetches John and together they drink a toast at the new gate. John says to Lucas: “Son, I am glad that this piece of land is now your property!” What type o...

PVL3701 Study Notes 2021. PVL3701 - Law Of Property. SINGULAR AND COMPOSITE THINGS Singular things: exist independently without being composed of particular components (brick/tennis ball) Composite things: are made up of different components (house) Elements: 1) Principle thing: is the thing which exists independently and which can be the object of a real right, its not a supplementary part of another thing (car) 2) Accessory thing: can have a separate existence apart from the composite ...