Termination of ownership

Question 1

Name the way in which ownership can be terminated. (5)

Answer 1

1. Death of the owner
2. Destruction of the property
3. Termination of physical control of the thing with the intention to be owner (animus domini), which happens if -
   a. Transfer of ownership by the owner;
   b. Passing of ownership by operation of law

Question 2

Upon the death of the owner, who then becomes owner?

Answer 2

It is unclear who immediately becomes owner.

Question 3

What is the Latin term for a thing that falls outside commerce?

Answer 3

Res extra commercium

Question 4

Name the 3 ways in which legal relationship can be terminated

Answer 4

1. Transfer of ownership
2. Loss of physical control
3. Operation of law

Question 5

What is the Latin term for a thing that is no longer owned?

Answer 5

Res nullius

Question 6

In the case of loss of ownership by operation of law, does the owner always abandon the intention to be owner?

Answer 6

No, the owner always loses his control, but does not necessarily abandon animus domini.

Question 7

Name 9 ways of termination by operation of law

Answer 7

1. Acquisitive prescrption
2. Accession (accessio)
3. Manufacture (specificatio)
4. Insolvency of the owner
5. Attachment and sale in execution
6. Forfeiture
7. Confiscation
8. Expropriation
9. Abandonment condition