LAPR THEME 3

What is the classical theory's emphasis on the difference between?

• Land and property

• Ownership and possession

• Contract and agreement

• Real right and personal right

According to the classical theory, what is the object of a real right?

• The contract

• The creditor

• The debtor

• The thing

In the case of a real right, who is the obligation placed upon?

• There is no obligation

• The debtor

• The owner

• The creditor

What is the personalist theory based upon?

• Enforcement of obligations

• Enforcement of ownership

• Enforcement of contracts

• Enforcement of real rights and creditor's rights

According to the personalist theory, who can a real right be enforced against?

• The whole world

• A specific person

• The debtor

• The creditor

What does the 'subtraction from the dominium' test refer to?

• The enforcement of contracts

• The registration of deeds

• The ownership of property

• The distinction between real and creditor's rights

In the 'subtraction from the dominium' test, what does it mean if an obligation is a burden upon the land?

• It is a real right

• It is a personal right

• It is an ownership right

• It is a contractual right

In the Ex parte Geldenhuys case, what did the registrar of deeds argue?

• The conditions on the will did not create real rights

• The conditions on the will were enforceable

• The conditions on the will were irrelevant

• The conditions on the will were invalid

What does Section 63(1) of the Deeds Registries Act 47 of 1937 allow for?

• Registration of real rights in land

• Registration of personal rights

• Registration of ownership rights

• Registration of contractual rights

What is the nature and effect of the obligation in the application of the test to the facts?

• It created a contractual right

• It created an ownership right

• It created a personal right

• It created a real right