remedies

Question 1

rei vindicatio definition

Answer 1

• available to the owner to recover possession from someone in unlawful physical control

Question 2

rei vindicatio requirements

Answer 2

1. must be the owner
2. thing must exist and be identifiable
3. defendant is in control of property

Question 3

what is the defence to the rei vindicatio

Answer 3

estoppel bars the rei vindicatio’s vindicatory function

• ownership is not disputed
• possession prevented from being regained

Question 4

Estoppel requirements

Answer 4

• owner misrepresents
• negligently/ culpably with fault
• party acts upon misrepresentation
• to their detriment

Question 5

Actio negatoria

Answer 5

• deny existence of alleged servitude or other rights
• prevent physical disturbance to the land
• alienated without owners consent
• interfering with owners enjoyment
• structure removed
• claim damages , declaration of rights, security

Question 6

Actio negatoria requirements

Answer 6

1. ownership
2. exists identifiable
3. defendants conduct infringed rights
   - excessive exercise of real right
   - assuming a real right exists where it does not

Question 7

condictio furtiva

Answer 7

• patrimonial loss from theft
• prove ownership or lawful interest
• available against thief and heirs
• claim fruits and property, highest value at theft
• person removes thing without consent, fraudulent motives

Question 8

Actio ad exhibendum

Answer 8

• wrongfully and deliberately disposed of property
• defendant acted in bad faith when disposing of the property
• owner suffered patrimonial loss
• claim market value at time it was disposed

Question 9

Actio legis aquilae

Answer 9

• prove elements of delict
• patrimonial loss
• general claim for compensation

Question 10

unjustified enrichment

Answer 10

• unjustifiably enriched
• at expense of owner
• deriving a benefit that ought to have accrued to the owner

Question 11

successful UE claim

Answer 11

• impoverished
• enriched at expense
• without legal basis
• bona fide