Study Unit 3 - Lecture 1 Flashcards
(16 cards)
What does the law of property deal with?
Defining property and rights in property.
What is property?
Anything that can be owned or possessed and is useful.
Give examples of movable property.
Animals, groceries, furniture, fridges.
What are real rights?
Rights in property (e.g., ownership, servitudes).
Who held property rights in traditional customary law?
The agnatic group, managed by the family head.
Name the 3 categories of property in customary law.
General property, house property, personal property.
Who controls general property?
The family head (not as owner, but as caretaker).
Who can intervene if the family head misuses property?
Local magistrate or senior male relatives.
What happens to general property when the head dies?
Goes to the general successor.
What is house property?
Property belonging to a specific house (wife + kids).
Who controls house property?
The husband (with some consultation).
Can a wife protect house property?
Yes, via the agnatic group or magistrate.
What happens if one house uses another’s property?
A moral (not legal) debt is created.
What is personal property today?
Property owned by an individual
What was the rule for personal property in traditional law?
No individual ownership; rights held by the group.
Can someone sell their personal property today?
Yes, with a moral duty to consult family head.
