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Q.1. Consider the following statements
1. The outstanding fact of the society is the interdependence of men
2. The doctrine of sovereignty has become meaningless
3. Laws should be treated from the angle of purpose
4. The only right which any man can possess is the right always to do his duty
Which of the statements given above can be subscribed to Duguit?
(a) 2 and 3 (b) 1 and 4
(c) 1, 2 and 3 (d) 1, 2 and 4
Q.2. Which one of the following rights is a right in re-propia?
(a) Easement
(b) Licence
(c) Lessee’s right
(d) Ownership
Q.3. Legislation grows out of theory but customary law grows of practice. The existence of legislation essential which one of the following?
(a) de facto
(b) de jure
(c) Both de facto and de jure
(d) Dependent on recognition
Q.4. For a valid custom, there are certain prerequisites. Which one out of the following conditions of a valid custom is not correct?
(a) Custom must be continuous
(b) Custom must be reasonable
(c) Custom might be contrary to statutory law
(d) Custom must not be immoral
Q.5. Consider the following statements:
1. Human beings alone can be subjects of jural relations.
2. The members of a corporation and the beneficiaries of a foundation are the only ‘person’.
3. Juristic persons are treated as if they are human beings.
4. The diginity of being a juristic person has to be conceded by the state.
Which of the statements given above is/are related to the purpose theory?
(a) 4 only (b) 2 and 3
(c) 1 and 4 (d) 1 only
Q.6. A tenant went to jail for two years leaving his mistress in occupation. The mistress also left after some time. The tenant claimed that the lie remained in possession.
Consider the following statements:
1 . The tenant remained in possession as he had left his mistress in occupation.
2. The tenant did not remain in possession as he has gone to jail for two years.
3. The tenant was being unfair and as such he did not remain in possession.
4. The tenant remained in possession as he has been fair
Which one of the statements given above is/are correct?
(a) 2 and 3 (b) 1 and 3
(c) 1 only (d) 4 only
Q.7. X allows Y to put his goods in a room of X’s house. Y sends his agent Z to put the goods in the room. Z puts the goods in the room, locks it up and keeps the key with him. Who is in possession of the room?
(a) X (b) Y
(c) Z (d) Both X and Z
Q.8. Which of the following is an element of the Ihering theory of possession?
(a) Overemphasis on the element of animus
(b) Equal emphasis on the elements of animus and corpus
(c) Owner like appearance in relation to a thing
(d) Immediate physical power to exclude any foreign agency.
Q.9. Ownership without possession can be termed as which one of the following?
(a) No ownership
(b) Quasi ownership
(c) Incomplete ownership
(d) No-corporeal ownership
Q.10. Which one out of the following statements is not correct with reference to Savigny’s theory of Volksgeist?
(a) Law cannot be universal or general in character
(b) Law is found and not made
(c) Law grows with the growth and strengthens with the strength of people
(d) Law is an instrument of social change and social reform
Answers with Explanations
1.Correct Answer: D
Explanation- According to Duguit, the outstanding fact of society was the interdependence of men. Social interdependence is not a theory or a conjecture but a fact. It is an important fact of human life. All human activity and organization should be directed to life. All human activity and organisation should be directed to the end of ensuring the harmonious working of men with men. This is called by Duguit the principle of Social solidarity. He has criticized the classic idea of sovereignty, law as command and nature of the state. Hence Option D is correct.
2.Correct Answer: D
Explanation- Right in re-propria : When a person has right on his own property then such right is called re-propria.
Right in re-aliena : When a person has right over the, property of another person then that right is called right in re-aliena. Hence Option D is correct.
3.Correct Answer: B
Explanation- The difference between custom and legislation as source of is manifest. The existence of the custom is essential de facto, of the legislation is de jure. Hence Option B is correct.
4.Correct Answer: C
Explanation- A valid custom must not be contrary to statutory law: Thus a valid custom must be: Immemorial continuous reasonable moral according to statutory law Hence Option C is correct.
5.Correct Answer: D
Explanation- Brinz the Germen Jurist, has propounded the purpose theory of corporate personality. In Germany, foundations or stiftung are treated as juristic persons. A .foundation is no more than a trust for a specific charitable purpose. About the foundations or stiftung in Germen Law, Brinz observes that the juristic person in such a case is merely the property set apart for the foundation personified for facilitating legal transactions. Hence Option D is correct.
6.Correct Answer: C
Explanation- The tenant has immediate possession through his mistress who acquired and retained in possession entirely on behalf of the owner without claiming any interest for herself. Hence Option C is correct.
7.Correct Answer: B
Explanation- ‘Y’ is in the possession of room. Because it is a case of Representative Possession, in which the owner has possession of a thing through an agent or a servant. The real possession is that of the actual owner and not that of servant or representative. The essence of representative possession lies in the fact that the master has the animus to exercise control over the thing in the hands of his servant or agent. Thus, the room is in the possession of ‘Y”. Hence Option B is correct.
8.Correct Answer: C
Explanation- The view of Ihering was that whenever a person looked like an owner in relation to a thing, he had possession of it, unless possession was denied to him by rules of law based on practical convenience. The animus element was simply an intelligent awareness of the situation. Hence Option C is correct.
9.Correct Answer: D
Explanation- Incorporeal ownership is the ownership of a right. It is described as ownership over intangible things. Incorporeal things are those which cannot be perceived by the senses and which are intangible. Ownership of a house, a table or a machine is corporeal ownership. Hence Option D is correct.
10.Correct Answer: D
Explanation- The view of Savigny is that the nature of any particular system of law was a reflection of the spirit of the people who evolved the law, the Volksgeist. Law is the manifestation of the common consciousness. Law is not of universal application and it varies with the people and the times. Hence Option D is correct.