TUTORIAL 1

This tutorial has been drafted to assist you with Assignment 1. The prescribed readings for this tutorial are the same as the two sources provided for the assignment, namely the articles by Njotini and Van der Walt. Please attend your tutorial with written answers prepared to the following questions- the questions are based on the above mentioned readings as well as content covered in lectures (the little blocks on the right are there to guide you!)

READINGS/ MATERAL FOR THE QUESTIONS ARE AS THE FOLLOWING:

36 2017 De Jure

Examining the 'objects of property rights' -

lessons from the Roman, Germanic and

Dutch legal history

Mzukisi Njotini*

AND

SOURCE: Content Downloaded from HeinOnline

Citations:

Bluebook 21st ed.

AJ Van Der Walt, The South African Law of Ownership: A Historical and Philosophical

Perspective, 25 DE JURE 446 (1992)

USE YOUR

LECTURE

NOTES TO

ANSWER

THIS

Question 1:

Describing ancient Roman law, Njotini states on p "The most notable actions were the actio in remand actio in personam." Describe the content of these actions and how they differ from one another.

Question 2:

Njotini quotes from Summa Theologicaby Aquinas on p 150: "man does have natural dominium over material things, for through his reason and will he can use material objects for his own benefit."

USE BOTH READINGS TO ANSWER THIS

2.1 What do you understand by dominium?

THIS ANSWER IS BASED ON YOUR

OPINON AND REQUIRES YOU TO THINK

LIKE A 'LEGAL PHILOSOPHER'...

2.2 Do you agree that our reason and will enables use to use material objects for our own benefit?

Question 3:

USE THE READING TO ANSWER THIS

Van der Walt notes on p 447: "It is often said in terms of this perception that ownership is an absolute, exclusive and abstract right." Explain each of these terms.

Question 4:

On p 457, Van der Walt refers to the "myth" of universality of property rights.

USE THE READING TO ANSWER THIS

4.1. What is the content of this myth?

RESEARCH

TIME!

4.2 The second part of the assignment question requires you to respond/challenge this myth by examining property rights infused with constitutional values and customary law. Do some research and find at least one source (e.g. case, journal article, textbook or book chapter) that will aid you in answering this second part of the assignment question.