Chapter 3

Question 1

What is the Personalist theory

Answer 1

Emphasis is placed on individuals against who the right may be enforced. In terms of this theory a real right operates absolutely in a sense that it is enforced against the world at large such as ownership which may be enforced against anyone.

Question 2

What is the Classical theory

Answer 2

It distinguishes between real and personal rights with reference to the nature of the object to which each right pertains. According to this theory, real rights concern the relationship between a person and a thing. Personal rights on the other hand concern the relationship between persons.

Question 3

Typical real rights and personal rights have the following distinguishing characteristics

Answer 3

1- Object
2- Content
3- Remedies
4- Origin
5- Absoluteness
6- Preference
7- Publicity

Question 4

Study subtraction from dominium (ownership) test

Answer 4

Pg 60-64

Question 5

Distinguish between a personal right and an obligation

Answer 5

Personal right originates from an obligation, which arises from a contract, delict, or various other cases such as unjustified enrichment or unauthorized management of ones affairs (negotiorum gestio).
Obligation is an abstract legal tie between two specific legal subjects in terms of which one party, the creditor has a right to a particular performance against the other, the debtor.