Scribd Logo
Upload

Welcome to Scribd!

  • Real Relationships

    Uploaded by

    Christopher Clark
    12 views1 page
    There are three main categories of real relationships: 1. Ownership - which always involves lawful acquisition and grants entitlements to the owner such as use and control of the property. Ownership also has limitations defined by law. 2. Possession - which can be lawful or unlawful and does not necessarily grant ownership rights. Lawful possession includes bona fide possession while unlawful possession includes theft. 3. Holdership - which does not always intend ownership but rather intends to derive benefit from the property, such as lawful positions like pledgees and usufructuaries.

    Original Description:

    Real but fake in all there sake

    Original Title

    Real relationships

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    There are three main categories of real relationships: 1. Ownership - which always involves lawful acquisition and grants entitlements to the owner such as use and control of the property. Ownership also has limitations defined by law. 2. Possession - which can be lawful or unlawful and does not necessarily grant ownership rights. Lawful possession includes bona fide possession while unlawful possession includes theft. 3. Holdership - which does not always intend ownership but rather intends to derive benefit from the property, such as lawful positions like pledgees and usufructuaries.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    12 views1 page

    Real Relationships

    Uploaded by

    Christopher Clark
    There are three main categories of real relationships: 1. Ownership - which always involves lawful acquisition and grants entitlements to the owner such as use and control of the property. Ownership also has limitations defined by law. 2. Possession - which can be lawful or unlawful and does not necessarily grant ownership rights. Lawful possession includes bona fide possession while unlawful possession includes theft. 3. Holdership - which does not always intend ownership but rather intends to derive benefit from the property, such as lawful positions like pledgees and usufructuaries.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 1

    Real relationships

    Three most impotant categories of real relationships


    I
    ,, - ~
    '
    I

    I Ownership - I Possession Holdership -


    - Always lawful - thus real right - Always unlawful - Can be lawful or unlawful
    Acquistion - thus a mere real
    ~~ relationship - Never the intention of an
    owner, but intention to derive
    I original method 11 derivative method I
    - always intention of an a benefit
    owner
    Entitlements
    lawful
    - - holder has a real right eg
    use; fruits; control; consume or destroy;
    alienate; burden; vindicate
    bona fide possessor pledgee or usufructruary
    thinks he is the
    Limitations on ownership owner but isn't unlawful holder has a mere real
    ~~ ma/a fide possessor
    relationship

    law rights
    knows he is not can be bona fide
    statutory and neighbour (i) limited real the owner but eg lessee who thinks the
    rights over holds thing as if lease agreement is valid
    another person's he is the owner, but it isn't
    ~ Jhing ,, ""4 eg thief
    I can be ma/a fide
    - servitudes - pledge eg lessee who knows the
    - restrictive conditions - security by means of claims lease agreement has
    - mortgage expired but stays on
    - tacit mortgages: tacit hypthec of landlord
    ''
    or credit grantor, liens, JUd1c1al pledge

    I (ii) personal rights I Other real relationships


    mineral rights
    Remedies water rights
    lessee's rights
    ~ctual

    Termination
    death of owner, destruction of thing
    !germination of legal relaTionship / free co-ownership, eg brother buying a farm together
    bound co-ownership eg marriage in community of
    Co-Ownership property

    You might also like