Legal rights

Introduction
According to Hibbert “a right is one person’s capacity of helpful others to do
or forbear by means not of his own strength but by the strength of a third
party. If such third part is God, the right is Divine. If such third party is the
public generally acting though opinion, the right is moral. If such third party
is the state acting directly or indirectly, the right is legal.”

Definition of Legal Right

The term legal right has been used in two senses:
Restricted Or Popular Sense:
According to Gray: A legal is that powers which a man has to take a person
or person do or refrain from doing a certain act or certain acts, so far as the
power arises form society imposing a legal duty upon a person or persons.
Wider Sense:
In a wide sense, legal rights include any legally recognized interest whether
it corresponds to a legal duty or not. It is an addition or benefit conferred
upon a person by a rule of law.
Kinds of Legal Rights:
Following are the kinds of legal rights:
 Perfect right
 Imperfect right
 Real And Personal Rights
 Rights In Rem And Rights In Personam
 Proprietary And Personal Rights
  Inheritable And Uninheritable Rights
 Rights In Repropria And Rights In Re Aliena
 Principal And Accessory Rights
 Legal And Equitable Rights
 Primary And Secondary Rights
 Public And Private Rights
 Vested And Contingent Rights
 Servient And Dominant Rights
 Municipal And International Rights
 Rights At Rest And Rights In Motion
 Ordinary And Fundamental Rights
 Jus Ad Rem

Perfect right
According to Salmond

A perfect right is one which corresponds to a perfect duty which is enforced

by law.

Illustration
A contract specially enforceable through the Court of law is an example of
perfect right.

Imperfect right:

An imperfect right is a legal term that refers to a right that is not

absolute or complete. It may be limited or conditional in some
way.
Illustration
An easement is an imperfect right because it grants someone the right
to use someone else's property, but only for a specific purpose or under
certain conditions
 Positive right
Positive rights, therefore, are rights that provide something
that people need to secure their well-being.
 Illustration such as a right to an education, the right to food,
the right to medical care, the right to housing, or the right to a
job.
 Negative right:
Negative right corresponds to negative duties. The enjoyment of negative
rights is complete unless such interference takes place.
Illustration
Negative rights, such as the right to privacy, the right not to be killed,
or the right to do what one wants with one's property, are rights that
protect some form of human freedom or liberty

Real And Personal Rights:

 Real right
Real rights can include powers, privileges, or immunities
secured to a person by law.
 Illustration
 A person who owns a house has the real right to dispose of
their property as they see fit. This means that they have the
power to sell the house, rent it out, or give it away as a gift.
 Personal right
Personal rights are the rights that a person has over their own body
Example:
A have a personal right to receive compensation form any individual who is
any harms caused by B.

Rights in Rem And Rights In Personam:

 Rights in Rem:
It is derived from the Roman term action in Rem” . It is available the
whole world Examples are rights of ownership and possession. My right
of possession and ownership is protected by law against all those who
those may interfere with the same.
 Rights in Personam:
It is derived form the Roman term “ action in personam,” Right in
personam corresponds to duty imposed upon determinate persons.
Example:
Rights under a contract are right in Personam as the parties to the contract
alone are bound by it.

Proprietary And Personal Rights:

 Proprietary Right:
The proprietary rights of a person include his estate, his assets and his
 property in many forms. They have some economic or monetary value.
They possess both judicial and economic importance.
Example:
The right to debt, the right to goodwill etc.
'
 Personal right:
Personal right pertain to man, s status or standing in the law. They
promote the man, s well being. Personal rights possess merely judicial
importance.
Example:
Right to life, reputation etc are personal rights.

Inheritable And Uninheritable Rights:

 Inheritable Rights:
Inheritable rights are those which survives its owners.
Example:
‘A’ dies leaves his property him ‘B’ his legal heir becomes owner of such
property. This is an inheritable right.
 Uninheritable right:
A right is uninheritable if it dies with its owners e. g. personal rights die
with its owner and cannot be inherit.
Rights In Repropria And Rights In Re Aliena:

 Rights in Re Propria:
Rights in Re propria are rights in one’s own property. These are complete
rights to which other right can be attached.
Example:
The owner of a chattel has a right in re propria over it.
 Right in Re aliena:
Rights is Re aliena are rights over the property of another person. These
rights derogate form the rights of another person and add to the rights of
their holder.
Example:
My right of way across the land another person is a right re aliena.

Principal And Accessory Rights:

 Principal rights
Principal rights exist independently of other rights. Accessory rights are
appurtenant to other rights and they have a beneficial on the principal
rights.
Example:
‘X’ owes money to ‘Y’ and he executes a mortgage deed in favour of ‘Y’.
the debt is the principal right and the security in the form of mortgage is
the accessory right.
Legal And Equitable Rights:

 Legal Rights:
Legal rights are those which were recognized by common Law Court e.
g., right to vote etc.
 Equitable Rights:
Equitable rights are those which were recognized by the Court of
chancery.
Example:
The right of the mortgagor to redeem the property is regarded as a
creation of the Courts of equity and is an equitable right knows as the
equity of redemption.

Primary And Secondary Rights:

 Primary Rights:
Primary rights are also called antecedent, sanctioned or enjoyment rights.
These are those rights which are independent of a wrong having been
committed. They exist for own sake. They are antecedent to be wrongful
act or omission.
Example:
Right of reputation, Right to life etc.
 Secondary Rights:
Secondary rights are also called sanctioning, restitutory or remedial
rights. Secondary rights are a part of the machinery provided by the state
of the redress of injury done to the primary rights. Their necessity arises
on account of the fact that primary rights are very often violated by the
persons.
Example:
Rights to obtain compensation for defamation to person.

Public And Private Rights: Public rights:

 Public rights:
A public right is possessed by every member of the public. It is between a
state and the private individual e. g. , right to vote etc.
 Private right:
A private right is concerned only with the individuals. Both the parties
connected with the right are private persons e.g., contract entered into by
two individuals.

Vested And Contingent Rights:

 Vested right:
A vested is a right in right in respect of which all events necessary to vest
it completely in the owner have happened. No other conditions remains to
be satisfied.
Example:
If a valid deed of transfer is executed by ;A; in favour of ‘B’, ‘B’ acquires
a vested right.
 Contingent right:
According to paton when part of the in vestitive acts have occurred, the
right is contingent until the appening of all the facts on which the title
depends.
Example:
‘A’ executes a deed in favour of ‘B’ according to which he entitles to the
possession of certain property when attains the age of 21, the right is
contingent right and it will be vested only when he attains the age of 21.s

Servient And Dominant Rights:

A servient right is one which is subject to an encumbrance. The
encumbrance which derogates form it may be contrasted as dominant.
Example:
“X” as the owner of certain house a right of way over the land of ‘Y’ , his
neighbor. The house of ‘X’ is the dominant heritage and ‘X’ is the dominant
owner. The house of ‘Y’ is the servient heritage and ‘Y’ is the servient
owner.

Municipal And International Rights:

 Municipal rights:
Municipal right are conferred by the law of a country, it is enjoyed by the
individuals living in a country.
 International rights:
International rights are conferred by international law. The subject of the
International rights is the persons recognized as such by International law.

Rights At Rest And Rights In Motion:

According to Holland, when a right is stated with reference to its ‘orbit’ and
its “infringement’, it is a right at rest. “Orbit’ means the extent of advantages
conferred by such right and infringement means an act which interference
with the enjoyment of those advantages. Causes by which rights are either
connected or disconnected with persons are discussed under rights in
motion.

Ordinary And Fundamental Rights:

Some rights are ordinary and some are fundamental rights. The distinction
between the two lies that fundamental rights are often guaranteed by the
onstitution i. e., right to life, liberty etc.

Jus Ad Rem:

A jus ad rem is a right to right. It is always a right in personam.

Example:
If ‘A’ sell his house to ‘B’. ‘B’ acquires a right against ‘A’ to have the house
transferred to himself.

Conclusion:

To conclude, I can say, that legal rights are those which are conferred by the
state on certain individuals and imposes corresponding duties on others. It is
enforced by the physical force of the state. It is been classified into different
kinds according to their scope by various authors.