Valid transfer of ownership

- Look at who wons the thing

- Look at the 2 parties

Derivative
- You need consent of previous owner

Movable property
- Transfer of property through delivery – you cant register a car and say that transfer
has taken place when a car is a movable property
- Immovable= transfer is through change in deeds office

Movable property
- Actual delivery
- Or constructive and ficticious delivery

Constructive delivery
1. Transferor is STILL in possession, so the original owners till has possession of
property
2. Where transferee ALREADY has possession

Forms of construction
1. Calvio tradio
- Where individual hands over a symbol (still
2. Constitution possesorium
- Previous owner still has valid reason to hold property
- Eg: dress needs to be altered so it remains in possession of transferor
3. Tradito brevi manu
-
4. Tradio longa manu
- Transferor points out the object

Pledge
- An agreement or way to secure an obligationso person pledges to pay a debt
- You get a limited real right, you
- Vasco dry cleaners = where delivery is essential

Simulated transaction = must understand true intention of parties, oif they intended to
enter into agreement and the transaction happens.
- Hakimi example = when people hide their assets

Topic 4 rei vindication and estoppel

Rei vindicatio
- Vindicate property wherever you find it, you have a claim over property and
wherever you find it its still yours
- No matter where the property is you can still claim it back
4 broad principles according to chetty, Claim for RV will succeed in the case where you can
prove that
1. they ARE STILL THE OWNER OF THE THING
2. The thing is still in existence
o It cant have been destroyed, eg if someone stole your selfphone and dropped
it off the building – you CANT get the phone back
3. The thing is identifiable
o Must be able to identify it before you lost it
o If you have grapes and a vineyard, and a grape truck is intercepted and
changed into wine, then you cant identify grapes from wine.
o So the claim for grapes will fail
4. The defendant possesses thing at time of the application
- If you want to make an RV, the defendant must possess it

Defences – against claim of rei vin dicatio

- If most of requirements are met but you can show that you have a greater legal right
than the owner

Estoppel
- You prevent owner from making claim for rei vin
- Requirements for estoppel:
1. Must be representation by the owner
o The owner must have created the impression, show that other peoples
actions caused a representation
2. Must be relied on (representation) by person raising the defense
3. The reliance must be to their detriment
o If representation wasn’t there you would not have bought property
4. There must be fault
o Fault doesn’t have to be negligence or an actual action (by the previous
owner).
Question 1
Tando Motors (Pty) Ltd sells and delivers a motor vehicle to Oxford, a car dealer,
with the knowledge that Oxford will display the vehicle at his Sandton
showroom. In terms of the sale agreement, ownership of the vehicle will not be
transferred to Oxford until he has paid the full purchase price to Tando
Motors (Pty) Ltd. Oxford pays the purchase price with a postdated cheque.
Subsequently, Oxford sells the vehicle to Mr Bruno, who pays the purchase price
to Oxford. Oxford delivers the vehicle to Mr Bruno. However, Mr Bruno insists on
being supplied with a letter of assurance, which Oxford duly does. The
cheque that Oxford gave to Tando Motors (Pty) Ltd is subsequently dishonoured.
A. What action would you advise Tando Motors (Pty) Ltd to institute against Mr Bruno, in
order to retrieve the motor vehicle, and do you think that Tando
Motors (Pty) Ltd would succeed in the action? Your answer should make reference to
relevant case law and should contain a detailed consideration of any
defences which Mr Bruno might raise. [15 marks]
issue:
1. transfer of ownership
 2. if rei vin dication will succeed, parties are
a. tando (ownership does not successfully pass to oxford as there was no full
payment made) – eriksen = real agreement
o cash sales rules
o intention = transfer of ownership only passes when parties have intention
b. oxford to Bruno
o paid in full purchase price
- rei vindication requirements to determine if oxford can successfully raise RV:
1. Tando is still the owner of the property as the full purchase price has not been
made
2. The car is still in existence and is still identifiable
3. The defendant Mr Bruno (defendant) is still in possession of the car, so Tando
motors can still use RV
- AFTER YOU CAN show that you still have the ownership, defence must then be
proved by estoppel

Estoppel can be raised by Bruno

1. Representation that the cars are for sale
2. Bruno relied on this representation because he bought the car and the certificate
was given by oxford (case). Needs to be actions of persons being used against MUST
BE CONSIDERED. So look at certificate from oxford
3. Bruno relied on misrepresentation that the cars were for sale, when the car is on
showroom floor that usually means its for sale. He has to prove ownership and go
through this whole process
4. He was negligent, in case where Bruno was going after oxford he can use the
certificate. It cant be someone elses fault and the claim, there was no way for him to
know that the representation was false as it was in the showroom.
- You must just show that misrepresentation has taken place, by allowing the car to be
displayed on the showroom floor he has allowed the misrepresentatuion to take
place
- Foreseeability = was it reasonably foreseeable that the person who saw the car on
the showroom floor belived that it was for sale.

B. Assume that Oxford's postdated cheque was in fact honoured. Describe briefly the form
of constructive delivery which would have resulted in ownership
of the vehicle being transferred from Tando Motors (Pty) Ltd to Oxford. [5 marks]
1. Tradio brevi manu
- The transferee (oxford) is already in possession of the car even though he has not
made the final installment for the car. Thus the transferor (Tando) motors would
remain continue to have ownership
Answer:
Must still mention that it falls under constructive delivery, you must note that the
Tradio brevi manu
- Oxford already has the car in his possession even if the cheque bounced
- Intention must be bonified; info plus