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Property law - Assignment PDF

   

Added on  2021-06-16

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Running head: PROPERTY LAWProperty LawName of the StudentName of the UniversityAuthor Note
Property law - Assignment PDF_1
1PROPERTY LAWANSWER TO QUESTION 1Ownership: Ownership is having a legitimate and absolute right over a thing. In the definition ofAustin, ownership means having a right against the world where no one can encroach upon aright. Holland says ownership means having right of possession, enjoyment and disposition. Theprocess of transfer of rights is called conveyance. The rights exist in rem, that is, the rights arepersonal in nature. Ownership is guaranteed by law. Though ownership and possession seemsimilar but there is a difference between the two. Ownership is a legal rights recognized bycourts. Possession: To have possession over a particular object means having physical control over theobject. Savigny in defining possession is the power to exclude others from the use of the objectin question. Possession gives the right to an exclusive use of the object. Possession acts as themost important proof of ownership. Possession is understood as a physical control over theproperty1. Holdership: It is defined as the right to hold a property for personal use. This is a negative rightwhich excludes others from using the property. ANSWER TO Q2The issue with respect to ownership of a motor vehicle is contingent to the application ofthe legislation of Road Traffic Act and Regulations. The owner of a motor vehicle is defined asper the terms of the Act to denote as any person having the right to alienate the property and onewho is registered as the owner of the property. The shift of ownership from the title holder takes1Watkins, Rebecca D., Janice Denegri-Knott, and Mike Molesworth. "The relationship between ownership andpossession: observations from the context of digital virtual goods."Journal of Marketing Management32.1-2(2016): 44-70.
Property law - Assignment PDF_2
2PROPERTY LAWplace by the process of legal documentation, also called conveyance. The principle of reivindication was first applied in the case of Chetty v Naidoo2. The property shall vest with theowner unless any other person has the right to take the ownership away from him. The persontrying to withhold the property from the owner shall have rights that he can enforce against theowner. To apply the principle of res vindication, the owner has to just prove that he is the legalowner of the property and nothing more3. The owner has to show that the defendant is holdingthe res. The defendant has the onus to prove that he has a right against the owner and has a rightto withhold the property. There is no need to prove intention while bringing a case of resvindication. The point of interest in deciding ownership is not whether the possessor is bona fideor mala fide, but what is important here is that he is the owner of the property. The onus isalways on the person who is trying to prove the right and therefore the one alleging that he has aright must be able to prove it. In cases of termination of that right, the person terminating that hasto prove a valid termination4. The person transferring the property has tp do so with an intentionthat the ownership shall rest with the person he is transferring it to. 5 Res Vindicatio rights areoften termed as vindication rights6. The onus shall remain on the plaintiff to prove that he isowner the non owner plaintiffs cannot exercise the right of res vindicatio. In cases when theproperty is damaged or is transferred to another person while the litigation is pending, thedefendant shall be made liable to pay damages. The non owner plaintiff has the right ofpublician action. Res Vindicatio rights try to fix the ownership but in cases when the proceduralrules fail, the court finds it difficult to prove ownership. The rules act as an alternative remedy to21974(3) SA 12(A) 2083May, Christopher.The global political economy of intellectual property rights: The new enclosures. Routledge,2015.4Matador Buildings (Pty) Ltd v Harman 1971 (2) SA 21 (C )5Trust Bank van Afrika Bpk v Western Bank Beperk & Andere NNO6Domingo, Rafael. "The Law of Property in Ancient Roman Law." (2017).
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