STUDY UNIT 3

Question 1

Three types of contracts of letting and hiring were recognised by Roman law, namely:

Answer 1

1. Locatio conductio rei
2. Locatio conductio operarum
3. Locatio conductio operis

Question 2

1. LOCATIO CONDUCTIO REI:

Answer 2

the letting and hiring of a thing

Question 3

2. LOCATIO CONDUCTIO OPERARUM:

Answer 3

the letting and hiring of services

Question 4

3. LOCATIO CONDUCTIO OPERIS;

Answer 4

the letting and hiring of a job or contract.

Question 5

WHAT IS A LEASE OF THINGS:

Answer 5

is a reciprocal agreement in terms of which one party, the lessor, undertakes to confer upon another party, the lessee, the temporary use and enjoyment of a particular thing in exchange for a counter-performance.

Question 6

WHAT IS A LEASE:

Answer 6

is an agreement of lease concluded between a tenant and a landlord in respect of a dwelling for housing purposes.

Question 7

GENERALREQUIREMENTS FOR CONCLUSION OF A LEASE:

Answer 7

1. Consensus
2. Contractual capacity
3. Formalities

Question 8

SECTION 5(2) OF THE RENTAL HOUSING ACT:

Answer 8

provides the lessee with the right to request the lessor to reduce the lease in writing.

Question 9

ESSENTIALIA OF A CONTRACT OF LEASE:

Answer 9

1. the leased property
2. the temporary use and enjoyment of the property 3. the nature and extent of the counter-performance.

Question 10

1. THE LEASED PROPERTY:

Answer 10

-consensus must be reached on the leased property.
the thing must be identified or identifiable.

Question 11

RURAL AND URBAN LEASES:

Answer 11

the distinction lies on the purpose in which the property is used for.

Question 12

2. TEMPORARY USE AND ENJOYMENT OF THE PROPERTY:

Answer 12

The parties must agree that the use and enjoyment of the property shall be given to the lessee only temporarily.

Question 13

The Duration of the Lease may assume different forms:

Answer 13

1. a lease can run from one specific day to another
2. from a fixed date for a specific period
3. from the commencement of an event for a specific period
4. until the occurrence of a certain event.

Question 14

3. THE NATURE AND EXTENT OF THE COUNTER-PERFORMANCE:

Answer 14

the parties must agree on the nature and extent of the counter-performance to be paid.