Topic 1 Flashcards
What is Property Law
Rights of people over certain objects or things.
It can refer to:
1. The right of ownership
2. The legal object itself
3. Legal relationships
Function of Property Law
- To harmonize different individual interests
- Guarantee and protect individual rights
- Control the relationship between natural and juristic persons, the things they are entitled to and the rights/obligations that arises from these relationships
- Social function: to manage competing interests
Place of Property Law
Private law - regulates relationships between individuals
Public law - regulates relationships between individuals and the state
Patrimonial law - deals with assets or estate of an individual
After 1996 - focus on land reform
Sources of property law
- Roman-Dutch common law principles
- Statutes
- Case law
- Constitution
Characteristics of things
- Corporeality
- Impersonal nature
- Independence
- Appropriability
- Use and value
Corporeality
○ Tangible, i.e. can be perceived by any of the 5 senses and occupies space.
○ A common characteristic but NOT essential.
Impersonal Nature
A human being is not a thing, they are legal subjects not legal objects. All humans have an inherent and inalienable right to dignity.
The National Health Act deals with donations of body parts.
Renewable body parts such as hair may be sold.
Independence
○ Refers to juridical independence, not physical. Must be able to legally exist independently.
○ When you buy a house, the land comes with it unless court order states otherwise.
Appropriability
○ Susceptible to human control (can enforce and protect right in a thing)
○ The air is not a thing, but air in a cylinder is a thing. Planets are not a thing.
Use and Value
○ Both economic and sentimental value
○ Includes negative value, such as toxic waste
Rights v Property v Things
Rights = the most important relationship between a legal subject and an object.
Property = broader concept, includes objects but also claims with regard to objects.
Things = defined according to its characteristics as a tangible object.
2 Factors used for classification of things
- Negotiability
- Nature
Negotiability
Negotiable
* Currently owned
* Not currently owned
Non-negotiability
* Common to all
* Public
* Religious things
Nature
- Corporeal v incorporeal
- Movable v immovable
- Single v composite
- Fungible v non-fungible
- Consumable v non-consumable
- Divisible v indivisible
