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Mere and Legal Rights Assignment by Hassan Zeb

This document contains an assignment submitted by Hassan Zeb on the topic of mere rights and legal rights. It includes outlines on various types of rights such as private rights, public rights, and mere rights. It distinguishes between rights in rem, which can be enforced against anyone, and rights in personam, which apply only to specific individuals. Rights in rem are generally negative rights to be free from interference, while rights in personam can be either positive or negative, depending on the context.

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Hassan Zeb
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94 views5 pages

Mere and Legal Rights Assignment by Hassan Zeb

This document contains an assignment submitted by Hassan Zeb on the topic of mere rights and legal rights. It includes outlines on various types of rights such as private rights, public rights, and mere rights. It distinguishes between rights in rem, which can be enforced against anyone, and rights in personam, which apply only to specific individuals. Rights in rem are generally negative rights to be free from interference, while rights in personam can be either positive or negative, depending on the context.

Uploaded by

Hassan Zeb
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Name: Hassan Zeb

ROLL NO: 56273


Semester : 4 nd

Subject: law of torts (improvement paper)


Submitted to: Madam Nadia
Date : 29-04-2021

“Department of law”

Assignment topic : Mere rights and legal rights

Outlines:

1. Right
2.Legal right
3.Public Rights
4.Private Right
5.Mere Rights
6.Related Legal Terms & Definitions
7.Right in Rem and Right in Peronam
8.Right in rem is always negative while right in personam is always positive
9.conclusion

1
Right:
The standard of permitted action within a certain sphere are called rights.

Legal right:
1) A claim recognized and delimited by law for the purpose of securing it.
2) The aggregate of the capacities, powers, liberties, and privileges by which a
claim is secured.
3) A right cognizable in a common-law court as distinguished from a court
having jurisdiction in equity.

Examples:

• The right to life.


• The right to liberty and freedom.
• The right to the pursuit of happiness.
• The right to live your life free of discrimination.

Public Rights:
Every citizen shall have the right to acquire, hold and dispose of property in any
part of Pakistan, subject to the Constitution and any reasonable restrictions
imposed by law in the public interest. Protection of property rights. No person
shall be compulsorily deprived of his property save in accordance with law.
Example:

2
Every citizen of a state have fully equal rights of which he can demand from the
state. Living in a free state every single person have their right. Proper roads,
transport system water drainage system availability of markets and every other
thing which public need that was his right of proclaiming.

Private Right:
The property, rights of individual persons, as distinguished from that
which belongs to a public body and is devoted to public use.
Example:
A person who own something are his own property. If a person so business or
starts his own network in his own style and according to his own rules and
regulation that was his private right he is free to run it no body have the authority
to claim over his private business.

Mere Rights:

The mere right of property in land; the jus proprietaries, without either
possession or even the right of possession. 2 Bl. Comm. 197. The abstract right of
property.
Related Legal Terms & Definitions

• Right of property:
• The mere right of property in land; the abstract right which remains to the
owner.
• JUS PROPRIETATIS:
• The right of property, as distinguished from the jus possessionis, or right of
possession.
• Jus merum:
• In old English law. Mere or bare right; the mere right of property in lands.
• TENERE:

3
• Lat. In the civil law. To hold; to hold fast; to have in possession.
• JUS IN REproperty, title. The right which a man has in a thing by which it
belongs.
• OUSTER:. An ouster is the actual turning out, or keeping excluded.
• PETITORY ACTION: A droitural action ; that is,, one in which the plaintiff seeks
to estaexclued.
• STOPPAGE IN TRANSITU contracts. This is the name of that act of a vendor of
goods.

Right in Rem and Right in Peronam:

These terms are derived from the Roman terms, “action in rem” and
“action in personam.” A right in rem is available against the whole world but a
right in personam is available against a particular individual only. Rights in rem
are negative, while most rights in personam are positive. A right in personam
corresponds to a duty imposed upon determinate persons, while a right in rem
corresponds to a duty imposed upon persons in general.
Example 1:
Example of right in rem are such as right of possession right of
ownershi etc.
Example 2:
Examples of right in personam are such as the right to recieve
compensation or damages for false imprisonment or defamation etc.
Thus, my right the peaceably occupation of my farm is right in rem, while my
right to receive rent from tenant is right in personam. My right lo liberty and
reputation is right in rem, while my right to receive compensation for false
imprisonment or defamation is right in personam.

4
Right in rem is always negative while right in personam is always positive:

Rights in rem are almost always negative. It is a right to be left alone. It


is a right that people should not interfere with my ownership. Rights in
personam are usually positive. It is acquired because the subject stands in some
special relation-ship towards another person as in the case of a contract.
Rights in personam may also be negative as in the case of sale of goodwill when
the seller undertakes not to set up a rival business within the prescribed area
and period of time

Conclusion:

Right in rem is a general right against the people or against the


world such as right to ownership. While right in personal is right against specific
people such as people involved in a contract, where each person party to the
contract has some rights and obligations to other parties of the contract. Right
in rem is almost always negatives while right in personam is mostly positive
though it may sometimes be negative

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