Possession & Holdership

Question 1

What are the 3 types of relationships with a thing (ito possession/holdership)?

Answer 1

1. Real right
2. Personal right
3. Unlawful

Question 2

Ito the National Credit Act in whom does ownership vest?

Answer 2

It vests in the credit grantor (the bank) until the last instalment is paid.
The bank has a property right (i.e. ownership).

Question 3

What are the 3 main groups of property relations wrt corporeal things?

Answer 3

1. Ownership
2. Possession
3. Holdership

Question 4

What is the main distinguishing factor between possession, ownership, and holdership?

Answer 4

Actual physical control.

Question 5

Define physical control of corporeal things

Answer 5

Physical control of corporeal things is generally defined as actual, physical holding or domination of a corporeal thing.

Question 6

Are incorporeal things treated in the same way?

Answer 6

No, because cannot be held or controlled physically.

Question 7

Define ‘control’

Answer 7

Control of corporeal things (and a property relation based upon such control) is LAWFUL when it was acquired and is held in accordance with the applicable legal rules and principles.

Question 8

Are the intentions of the controlling person relevant when control of corporeal property is established and held lawfully?

Answer 8

No. There is no such thing as an owner or a lawful holder in good or bad faith.

Question 9

What is the most important consequence of lawful control?

Answer 9

That it is protected by law.

Question 10

What protection does lawful control offer?

Answer 10

Usually the form of a remedy.

Question 11

What are the 2 categories into which all forms of lawful control of corporeal things are divided?

Answer 11

1. Ownership

2. Lawful holdership

Question 12

What is lawful holdership?

Answer 12

Nothing more than a form of lawful control of corporeal property that belongs to somebody else.

Question 13

Define unlawful control

Answer 13

Unlawful control of a corporeal thing is physical control which was acquired or is held in contravention of the applicable property rules, and will not be recognised or protected by law. The law may attach certain implications to unlawful control, even though it is not recognised or protected.

Question 14

Are the intentions of the controller relevant wrt unlawful control?

Answer 14

Yes. The law attaches different consequences to unlawful control exercised in good or in bad faith.

Question 15

To what does intentions, good or bad faith, refer?

Answer 15

The mental attitude with which they exercise their unlawful control.

Question 16

What is bad faith intention?

Answer 16

When the unlawful holder is aware of the unlawfulness of her control.

Question 17

What is good faith intention?

Answer 17

When the unlawful holder is unaware of the unlawfulness of her control.

Question 18

What is the intention of the consequences of unlawful control?

Answer 18

Aimed at preserving the peace. The law does note allow anybody else to commit further unlawful acts against the original thief.

Question 19

Does the law protect the thief?

Answer 19

No, it protects the legal order.

Question 20

What are the 4 categories of unlawful control?

Answer 20

1. Unlawful possessors in good faith
2. Unlawful possessors in bad faith
3. Unlawful holders in good faith
4. Unlawful holders in bad faith

Question 21

What is the distinction between unlawful possessors and unlawful holders?

Answer 21

People who act as if they are the owners of the property and those who do not act as if they are the owners.

Question 22

What are the 3 distinctions used to classify ownership, possession, and holdership.

Answer 22

1. Lawful or unlawful - Ownership and lawful holdership are the only forms of lawful control; possession and unlawful holdership are unlawful control
2. As owner or for own benefit - Holdership, whether lawful or unlawful, is control of somebody else’s property.
3. Good or bad faith.