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Legal Rights

The document discusses the concept of legal rights, defining them as interests protected by law and outlining various characteristics and types of legal rights. It includes definitions from notable jurists and categorizes rights into several classifications such as perfect/imperfect, positive/negative, and public/private. The document emphasizes the importance of legal rights in the administration of justice and their enforcement through legal mechanisms.

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9 views4 pages

Legal Rights

The document discusses the concept of legal rights, defining them as interests protected by law and outlining various characteristics and types of legal rights. It includes definitions from notable jurists and categorizes rights into several classifications such as perfect/imperfect, positive/negative, and public/private. The document emphasizes the importance of legal rights in the administration of justice and their enforcement through legal mechanisms.

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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Legal Rights

Administration of justice means enforcement of rights and punishment of their violation , the
concept of right has a fundamental significance in jurisprudence .
The literal meaning of right is the interest and choices . another term used in the legal rights is
Duty which has the literal meaning discomfort and hardships . it means to refrain away from
something or any wrong or illegal act.
In case of any infringement of legal rights the law will protect .
How different jurists define legal rights?
Salmond:
“Rights are interests protected and recognized by a rule of justice”
If there is recognition there is protection . and that recognition is given by a rule of legal justice .
Austin:
“ a person has a right when another or others are bound or obliged by law to do or forbear
towards or in regard to him”
Obliged means to force or to compell and “ to bear” means not to do something .
Pollok:
“ right is the freedom allowed, and power conferred by law”
Buckland:
“ a legal right is an interest or an expectation guaranteed by law”

Chracteristics of legal rights:


i. There must be a subject of the right . in other words there must be an owner of the right
. the right may vest in body of persons such as public.
ii. There must be a subject of a duty
iii. There must be an object of the right i.e., something over which it is exerciseable .
iv. There must a subject matter e.g., selling a car
v. There must be content or title of the right , something to which act or omission relates

Kinds of legal rights:


i. Perfect and Imperfect
ii. Positive and Negative
iii. Rem and Personam
iv. Proprietary and Personal rights
v. Re-propria and Re-aliena
vi. Principal and Accessory
vii. Primary and Sanctioning
viii. Legal and Equitable
ix. Vested and Contingent
x. Public and Private

i. Perfect and Imperfect Rights

Perfect Rights : Legally enforceable through courts of law.


Example: Right to receive payment for services rendered.

Imperfect Rights : Cannot be directly enforced by legal action.


Example: A debt that is time-barred under a statute of limitations.

In English law there is a maxim like “ Ubi Jus Ibi Remedium” which means where there
is a right there is remedy.

ii. Positive and Negative Rights

Positive Rights : Require others (or the state) to perform an action.


Example: Right to education (requires the state to provide schools).

Negative Rights :Require others to refrain from interfering.


Example: Right to privacy (requires others not to intrude).

iii. Rights in Rem and Rights in Personam

Rights in Rem : Rights against the world at large.


Example: Right to ownership of property.

Rights in Personam :Rights enforceable against a specific person.


Example: Right to repayment of a loan.

iv. Proprietary and Personal Rights


Proprietary Rights : Rights related to property ownership and control.
Example: Right to sell a house.

Personal Rights : Rights arising from personal relationships or contracts.


Example: Right to receive payment for work.

v. Re-propria and Re-aliena

Re-propria : Rights over one’s own property.


Example: Ownership of a car.

Re-aliena : Rights over another person’s property. Aliena means unique in nature.
Example: Right to use a neighbor’s land through an easement.

vi. Principal and Accessory Rights

Principal Rights : Independent and fundamental rights.


Example: Right to ownership of a house.

Accessory Rights :Dependent on principal rights.


Example: Right to collect rent from a tenant based on property ownership.

vii. Primary and Sanctioning Rights

Primary Rights : Rights that exist independently of any wrongdoing.


Example: Right to free speech.

Sanctioning Rights : Rights that arise as a result of the violation of primary rights.
Example: Right to compensation for breach of contract.

viii. Legal and Equitable Rights

Legal Rights : Rights recognized and enforced by common law.


Example: Right to possession of land under a legal contract.
Equitable Rights : Rights recognized by courts of equity (fairness).
Example: Right to a constructive trust.

ix. Vested and Contingent Rights

Vested Rights : Rights that are absolute and already acquired.


Example: Right to receive pension after retirement.

Contingent Rights : Rights dependent on a future event.


Example: Right to inheritance upon the death of a relative.

x. Public and Private Rights

Public Rights : Rights held by individuals as members of society.


Example: Right to vote.

Private Rights : Rights exercised against individuals or entities.


Example: Right to enter into a contract.

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