Q.1 Reivindicato means a legal action by the plaintiff against the defendant to return the things that belong to plaintiff. In this context, the incorrect statement regarding valid defenses against the reivindicato is (3) because things sold at a judicial sale in execution of judgment cannot be reclaimed back by the plaintiff as things do not remain under the ownership of plaintiff and are regulated by judiciary.
Q.2 The wrong option is (1) because the creditor does not on the basis of right of creditor against the debtor, the creditor acquires limited real right over the property of the debtor as security till the payment by the debtor.
Q.3 The correct option in this case is (4) because David has no security against the money he gave to Vincent. So, he has unsecured personal or creditor’s right against Vincent.
Q.4 The correct option in this case is (1) because Asha had no right over the property of Kagiso and she has taken a bill which was ordinary before it was overdue and in good faith and for value as well and it was not defected who negotiated it to her.
Q.5 In this question, (2) is the incorrect option because Kagiso is the individual owner (separate ownership) of his section in Nzuri Gardens and Asha and Kagiso are neighbours in a sectional title complex.
Q.6 The correct option in this question is (1) because car of Kagiso is an object constructed of various parts and it include number of accessories as well.
Q.7 The correct option in this case is (1) because Kagiso possess the right to institute the reivindicatio against Posh Panel Beaters because he is the owner of the car which can easily be proved by him and the car is in existence and is identifiable and is under the control of Posh Panel Beaters(Definitions, 2018). However, he cannot retain car but can demand for the expenses in god faith because it is not his mistake and Phila came with the car to get it repaired.
Q.8 The personal servitude is considered as a servitude to grant rights in the property to a specific individual and such servitudes are usually personal in nature and terminates on the death of the servitude holder. So, the correct option is (2) which is that it is terminated by the death of the holder.
Q.9 The incorrect option in this case is (1) because in terms and conditions of the South Africa National Water Act 1998, the purpose was to ensure that the water resources of the country could be protected, used, developed, conserved, managed and controlled in ways which could consider amongst various other factors(portal.unesco.org, 1998).
Q.10 As Sandra is the owner of the land, the correct option would be (3) because the municipality under section 25(2) of the 1996 Constitution, confiscate that piece of land and pay Sandra reasonable compensation. The amount, time and manner of payment of compensation must be determined by the parties or should be decided by a court.
References
Definitions, 2018. Definitions for rei vindicatio. [Online]
Available at: https://www.definitions.net/definition/rei+vindicatio
[Accessed 28 September 2018].
portal.unesco.org, 1998. South Africa National Water Act 1998. [Online]
Available at: https://portal.unesco.org/en/ev.php-URL_ID=47385&URL_DO=DO_TOPIC&URL_SECTION=201.html
[Accessed 28 September 2018].
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