Chapter 2

Question 1

Explain corporeality

Answer 1

Things that are perceptible by means of the senses.

E.g. A car, a brick, a horse

Question 2

Independence: Explain the requirement that a thing must be capable of existing separately is the result of roman Dutch view that two person cannot simultaneously be the owners of different aspects of the same thing

Answer 2

1- Independent individual things do not create problems, but composite things are made up on several parts , and this can lead to problems.
2- With certain kinds of things, requirements of an independent existence gives rise to specific problems because some things are not naturally delimited into recognizable units but are collected into independent recognizable things by human intervention E.g. Collecting water in a bottle. Only with such human intervention can water be an independent thing.
3- Sectional title owner establishes right of ownership in a unit which comprises a section of a building and a share in the communal parts parts of the building and the land on which the building stands.

Question 3

Explain the element of subject to human control

Answer 3

Objects can be significant for the law of things only if they have the potential to be legally controlled by humans. Only if it is possible for a human to bring a thing under their control in such a way that a legal relationship may be said to exist between the legal subject and the object can the object be regarded as a thing.

Question 4

Explain the element of useful and valuable to humans

Answer 4

It must satisfy the needs of the legal subject. It need not necessarily have economic value.
The legal “de minimus non curat lex (the law does not concern itself with trivialities)”. Only family photo may have sentimental value and therefore qualify as a thing.

Question 5

Distinguish between the characteristics of a thing

Answer 5

1- Corporeality
2- External to humans
3- Independence
4- Subject to human control
5- Useful and valuable to humans

Question 6

All things may be classified according to two major criteria

Answer 6

1- Their relation to humans

2- The inherent nature of the thing concerned

Question 7

Explain the relation to humans

Answer 7

1- Negotiable

2- Non-negotiable

Question 8

Explain non negotiability of a thing

Answer 8

1- Res communes omnium: things don’t fall under probate legal control but is available for all legal subjects to use like free air.
2- Res publicae: things that belong to the state but used for general benefit and use of public like national parks.
3- Other res extra commercium: things that are not freely negotiable for other reasons like body parts or corpses.

Question 9

Explain negotiable things

Answer 9

May either be someone’s property or no ones property
1- Res alicuius: things belonging to owner and forming part of his estate.
2- Res nullius: things that are susceptible of ownership but do not belong to anyone at a particular stage like wild animals or fish.

Question 10

Differentiate between a singular and composite thing

Answer 10

A horse, a stone, or a brick are singular things. A composite things is made up of constituent parts or even independent things that have been joined together to form a new entity like a car.

Question 11

Distinguish between a collection of similar and dissimilar things

Answer 11

1- A collection of similar things such as a flock of sheep or swarm of bees or stock of a shop may be treated as a unit by law and the unit is a composite thing for the purposes of law, although the members or parts of the collection do not loose their individuality.
2- a collection of dissimilar things such as corporeal or incorporeal things or things and rights such as an entire estate. It would be treated by the law as a legal unit.

Question 12

A composite thing consists of various constituent parts and we distinguish between three kinds of constituent parts

Answer 12

1- The principal thing is the independent things made up of various parts, with an independent existence as a composite thing.
2- An accessory thing can exist separately from the composite thing but has forfeited its independent existence in that it has been physically joined to the principal thing like a brick cemented into a wall.
3- An auxiliary thing can exist separately for the composite thing however forfeits its independent existence without being physically joined to the principal thing such as a lock (principal thing) and a key.

Question 13

Distinguish between different types of fruits

Answer 13

As long as fruits attached to a principal thing, it is an accessory to the principal thing such as apples on a tree

1- natural fruits: wool, fruit, milk
2- civil fruits: non organic yield: interest on capital or rent

Question 14

Distinguish between the different types of natural fruits

Answer 14

1- Hanging fruits (fructus pendentes)
2- Separated fruits (fructus separati)
3- Gathered fruits (fructus percepi)

Question 15

Study movables and immovables on pg 48

Answer 15

Study pg 48

Question 16

Distinguish between a fungible and non fungible thing

Answer 16

Things are fungible (replaceable:res fungibiles) or non fungible (irreplaceable: res non fungibiles).

1- the law of obligations
2- pledge
3- transfer of ownership
4- replacement

Question 17

Distinguish between consumable and non consumable thing

Answer 17

1- Consumable thing (res consumptibiles) are consumed or their value is considered diminished by ordinary use like a pencil food or cigarettes.
2- Non-consumable thing (res non consumptibiles) are preserved in spite of normal use like a motor car or stove.

1- loan lease and surface
2- ownership
3- money

Question 18

Distinguish between a divisible and indivisible thing

Answer 18

1- divisible thing can be divided without loosing its essential characteristics, into smaller parts of which the nature and function are essentially the same as those of the original thing like a bag or piece of land.
2- Indivisible things such as a car or painting cannot be divided without destroying or changing the nature of the thing.