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Legal Rights AND Classification
Law (University of the Punjab)
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EXPLAIN LEGAL RIGHT. EXPLAIN THE ESSENTIALS OF A
LEGAL RIGHT.
EXPLAIN THE EXAMPLES OF FOLLOWING TYPES OF
LEGAL RIGHTS.
Ans:
LEGAL RIGHTS
It means that the action which is permitted ااجزتby the law is called Legal Right or the act
which is recognized or protected افحیتظby the state is called Legal Right. The law protects the
legal right of every citizen. Being a citizen of the country, the people are given the legal right.
It is the duty of every individual to protect the rights of each individual.
The concept of legal rights of fundamental significance اتیمہin modern legal theory, because
we cannot live without rights, which are recognized and enforced by law. Different jurists have
attempted to define legal rights some of them are as follows.
DEFINITION OF LEGAL RIGHT
According to Holland
“A right is a capacity residing زےنہ واالin one man of controlling, with the assent مہبمand the
assistance of the state, the action of others. Every right gets its validity by State.
According to Sir John Salmond
“Legal right" as "an interest recognized and protected by the rule of legal justice"
According to Pollock
"Right is freedom ا زادیallowed and power conferred اطعby law"
According to Austin
"A person can be said to have a right only when another or others are bound by law"
According to Allen
" Right is a legally guaranteed power to realize an interested"
According to Buckland
"A legal Right is an interest or an expectation ااظتنزguaranteed by law."
According to Ihering
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"A legal right is a legally protected interest"
ESSENTIAL ELEMENTS OF LEGAL RIGHT
According to Salmond, every legal right has five Essential elements which are as follows:
I) The Person Of Inheritance/Subject Of The Right
The first essential element of the legal right is that there must be a person who is the owner of
the Right. He is the subject of the legal right. He is sometimes described as the person of
inheritance وزاثت.
Example - X purchased a car for 1 million dollars. here 'X' is called subject of right.
The owner of a right need not be a determinant مہبمor fixed person. If an individual owes a duty
towards Society at large, and in determinant body is the subject of inheritance. In the case of
the bequest زتہیکto an Unborn person, the owner of the right is an Unborn child who is an
uncertain person.
II) The Person Of Incidence / Subject Of The Duty
A legal right occurs واعق وہتا ےہagainst another person or persons who are under a corresponding
ہقلعتمduty to respect that right. Such a person is called the person of incidence واہعقor the subject
of the duty.
Example- If X has a particular وصخمصright against Y, X is the person of inheritance and Y the
subject of incidence.
III) Subject Matter Or Contents Of Legal Rights
Another essential رضوزیelement of a legal right is its content or substance امدہ. Contents of the
legal right deals with the subject matter of the legal rights. It relates to some act to do or not to
do any act or forbearance ثرداشت. It obliges واجتa person to act or forbear ثرداشتin favour of the
person who is entitled to the rights.
IV) Object Of The Legal Rights
Another essential element of the legal right is the object of the right. The thing or an object
over which the right is exercised is called 'Object of Right'. In above example Car is the object
of right.
V) Title To Right
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Title is nothing but the name given to the legal right. Title is a process, by which the right is
vested /conferred اطع. Purchase, gift, etc confers title on person.
CLASSIFICATION OF LEGAL RIGHTS
Legal rights can be classified into following categories:
1) Right in Rem and Right in Persona -
2) Personal and Proprietary Right –
3) Positive and Negative Rights
4) Principal and Accessory rights
5) Perfect and Imperfect Rights
6) Right in Re-proporia and Right in Re-aliena
7) Vested and Contingent Right
8) Legal and Equitable Right
9) Corporeal and Incorporeal Right
10) Primary and Sanctioning Right
11) Public and Private Rights
We can better understand the essence وجہرof all above categories through following explanation:
1) Right in Rem and Right in Persona
'Rem' means world and 'Persona' means persons. The Right in Rem is the right available
against the whole world while right in Persona is the right against a particular person. Right in
Persona generally arises ااتھٹ ےہout of contractual obligations دہم دازتاںfor example - breach of
contract. Whereas right in rem is generally outcome of law. For example - Tort, Crime. Right
in Persona is generally transitory اعزیضin nature, which can be transferred in right in rem. Right
in rem is a final thing, whereas right in Persona is transitory in nature.
2) Personal and Proprietary Right
Personal right is in respect of person of owner of right whereas Proprietary right is in respect
of property of which the person is an owner. Proprietary Rights are those, which constitute لیکشت
a man's property or wealth. These are the rights, which possess some economic or monetary
value and constitute the estate of the Person. Right to land, debts and Goodwill or patent rights
are all Proprietary right. Personal right includes right to safety, to repetition Personal rights are
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also important like Proprietary right. For example - right to reputation. Personal Rights is
having no economic value. They relate to Person's well-being or status.
3) Positive and Negative Rights
Positive rights have corresponding Positive duty. Positive right therefore the right when some
positive act is required to be done by the person who has the corresponding ہقلعتمduty. Thus the
person on whom such duty lies must do some positive act. While on the other hand negative
rights are those rights when some negative act by way of omission وکتایہis required. Negative
rights correspond to negative duty, and the person on whom such negative duty lies shall omit
(not to do) such act.
4) Principal and Accessory Rights
تخ
The principal right is a basic or main right vested in Persona under law. They are Vital and
important Rights. While accessory شنگیright is incidental مہبمor consequential ہجیتن زیخright. They
are not essential but are apparent ظاہرto the more basic general right.
5) Perfect and Imperfect Rights
Perfect right corresponds with perfect duty. Perfect rights are recognized and also enforced by
law and an action can be taken against the wrongdoer by filing a suit in Court of Law for the
breach of it. While Imperfect right corresponds with Imperfect duty, which are not recognized
by law and hence cannot be enforced by law.
For example 'A' advanced loan to 'B'. 'B' is bound to repay that Loan. 'A' has perfect right to
recover loan from 'B' and 'B' has perfect duty to pay the amount of loan to 'A'. If 'B' failed, then
'A' can file Suit against him in court of law for recovery of loan. But if it is time barred loan,
for example no suit filed within the limitation period (within 3 years) and 'A' was sleeping over
his right for a pretty long time. 'A' can claim for the same as it becomes imperfect right which
cannot be enforced by law.
6) Right in Re-proporia and Right in Re-aliena
Right in Re-proporia is a right in respect of one's own property. Right in Re-proporia
contemplates وغزabsolute ownership. Thus it is the outcome of jurisprudence aspect of
ownership. Whereas right in Re-aliena, is the right in respect of property of another person.
Right in Realiena is the outcome of jurisprudence aspect of dominant اغلتheritage وزہثand
servient heritage. For example - right of easement.
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7) Vested and Contingent Right
Vested and Contingent rights are depending on the relationship as to owner of right and right
itself. Vested right means which is already vested in person, the person already has such right
through it depends upon the happening of certain events, that event is going to happen. (See
also... Vested interest) Whereas is in Contingent اافتیقinterest the right is dependent upon
happening or non-happening of certain events which may or may not happen.
8) Legal and Equitable Right
Legal rights are the rights given by common law Courts of England. Common law was based
on statute by way of custom, usage. Equitable مُنصِفاہنrights are the outcome of law of equity
given by the court of chancellor, or equity Court based on principle of natural justice and
conscience ریمضof Lord Chancellor. By Judicature Act 1873, 1875 both systems are unified, but
as per J. Snell 'Both the systems flow in one stream but their water does not mix.' After the
unification ااحتدof the both these systems English law came into existence. But still there are
certain principles and rights, which are classified as equitable مُنصِفاہنright and legal right.
9) Corporeal and Incorporeal Right
Here a fine distinction رفتقیis made of the subject matter of the right. Corporeal rights are
having physical existence. For example - I owned a book, the book has physical existence, so
my right in respect of the book is Corporeal in nature. Whereas incorporeal rights are those
right in respect of such subject matter having no physical existence. Example - copyright of the
book or trademark. Both Corporeal Incorporeal rights are legally protected rights.
10) Primary and Sanctioning Right
Primary right is basic right. It is independent Right. These are the right ipso facto. for example
right in rem; right to reputation, Right to satisfy is the primary right. If right of reputation is
violated then there is legal remedy. in Tort or in Crime. There is force behind it. Sanctioning
rights are the consequential ہجیتنزیخrights. They are not right ipso facto. They are right in Persona,
which originates نکلنا ےہfrom some wrong. Example - from violation of another right. Thus
Sanctioning Right is supporting right to primary right.
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11) Public and Private Rights
Legal Rights can also be classified into Public Rights and Private Rights. Public Rights are
those Vested in by State. Example - Right to use High-way, right to vote etc. A private Right
is one which is exercised by an individual to protect his benefit.
How Legal Right is Enforced
Ubi jus ibi remedium
which means where there is a right there is a remedy. If the person’s right is violated that can
be approached to the court. They can get relief in the form of compensation اعموہض. When the
compensation does not satisfy the claim of the plaintiff دمیعthen the court may order for the
specific performance of the Contract. It is governed by the Specific Relief Act.
Duties
When the right is given to the person then it is assumed that certain duties are also
imposed on the person. The right has its correlative تاوتاںduties. There are two kinds of
duties when it is the obligation of the person to perform his duty when he has a legal
duty but in case of moral duty he has no obligation. It is on the discretion اایتخزof an
individual. The duties are classified into
Absolute and relative duty
Positive and negative duty
Primary and secondary duty.
Conclusion
We can conclude that rights and duties are co-existent. In the words of Salmond, it can be said
that no right exists without the corresponding ہقلعتمduty. Every duty of the person must be the
duty towards some person, in whom the right is vested and conversely اس ےک ثرسکعevery right
must be against some persons upon whom a duty is imposed طلسم.
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