Definition of Right / Legal Rights:
Many definitions of Rights have been given by various writers and reference may be made to some of them.
- According to Prof. John Austin, ‘Rights is a facility which resides in a determinate party or parties by virtue of a given law which avails against a party or parties in whom it resides.
- According to Prof. Lasky, ‘Rights in fact, are those conditions of social life without it no man can seek in general to be himself at his best.’
- According to Prof. Holland, ‘A right is a capacity residing in one man of controlling, with the assent and the assistance of the state, the actions of others.’
- According to Prof. Salmond, ‘A right is an interest recognized and protected by a rule of right.’
- According to Ihering, ‘Rights are legally protected interest.
- According to Prof. Green, ‘Rights are powers which it is for general well-being that the individual should possess.’
- According to Prof. Kant, ‘Right is the authority to compel.’
- According to Prof. Gray, ‘A legal right is that power which a man has to make a person and persons to do or refrain from doing a certain act or omission, so far as the power arises from society imposing a legal duty upon a person or persons.’
- According to Justice Holmes, ‘A legal right is nothing but a permission to exercise certain natural powers and certain conditions to obtain protection, restitution or compensation by the aid of public force.’
- According to Prof. Buckland, ‘A legal right is an interest or an exemption guaranteed by law.
- According to K. R. R Shastri, ‘A right may be defined as the interest recognized and protected or guaranteed by the state since it is conclusive to social well being.’
Elements of Legal Rights:
According to Prof. Salmond, A legal right has the following five elements-
- The person of Inherence
- The person of Incidence
- Content of the right
- Subject-matter of the Right
- Title of the Right
- The person of Inherence:
A legal right is always vested in a person who is the owner of the right and holding upon it. He is the subject of the legal right. He is sometimes described as the person of inherence.
- The person of Incidence:
A legal right is always availing against a person who has a co-relative duty to respect the right. He is the subject of the duty. He is sometimes described as the person of incidence.
- The act or omission:
A legal right always relates to some act or omission. It is an act or omission which the person of incident is bound to do. This act or omission is the content of the right. It is sometimes described as the substance of the right.
- Subject-matter of the Right:
This is the thing over which the legal right is exercised. It is the object of the legal right. It is sometimes described as the subject-matter of the rights.
- Title of the Right:
A legal right always contains some facts or reasons which expresses that how the right vested in the person of inherence. These facts or reasons sometimes described as the title of the right.
Kinds of Legal Rights:
- Perfect and Imperfect Rights
- Positive and Negative Rights
- Real and Personal Rights
- Right in rem and Right in personam
- Proprietary and Personal Rights
- Inheritable and Uninhabitable Rights
- Rights in re propria and Rights in re aliena
- Principal and Accessory Rights
- Legal and Equitable Rights
10. Primary and Secondary Rights
11. Public and Private Rights
12. Vested and Contingent Rights
13. Municipal and International Rights
14. Ordinary and Fundamental Rights
17. Civil and Criminal Rights
18. Human and Fundamental Rights
1. Perfect and Imperfect Rights:
A perfect right is one which corresponds to a perfect duty that can be legally enforced. Generally, when law recognizes a law, it prescribes a remedy also and when the right is violating, it enforces.
An Imperfect right is that right which although, recognized by law, is not enforceable. Such as the claims barred by time.
2. Positive and Negative Rights:
In case of positive right, the person subject to the duty is bound to do something.
In case of negative right, the person subject to the duty is bound to restrain from doing something.
3. Real and Personal Rights:
A real right corresponds to a duty imposed upon persons in general. Such as the rights which is grunted under the constitution for all citizens.
A personal right corresponds to a duty imposed upon determinate individuals. Such as the rights from Muslim law for Muslims.
4. Right in rem and Right in personam:
The term Right in rem are derived from the Roman terms ‘action in rem’. It is the right available against the whole world.
The term Right in personm are derived from the Roman terms ‘action in personm’. It is the right available only against a particular person..
5. Proprietary and Personal Rights:
The proprietary rights of a person include his estate, his assets and his property in many forms. It has some economic or monetary value and possesses judicial importance.
The proprietary rights are merely elements in a person’s well-being and which are not valuable. Although, it possess judicial importance but have not any economic or monetary value. Such as, status, position, honour etc.
6. Inheritable and Uninhabitable Rights:
An inheritable right is that which survives its owners. By this right the heirs of a person become owner of his property after his death. Generally proprietary rights are inheritable.
An uninhabitable right is that which is not survives its owners. By this right the heirs of a person not become the owner of his property after his death. In case personal rights, the person die with the owner and con not be inheritable. Generally proprietary rights are inheritable.
7. Rights in re propria and Rights in re aliena:
The rights in re propria are the rights of a person upon his own property. The right of ownership of a land is the rights in re propria for the owner of the land.
The rights in re aliena are the rights of a person upon others property.
As for example, in case of a lease, the lessor has rights in re propria and the lessee has rights in re aliena upon the lease peoperty.
8. Principal and Accessory Rights:
The existence of principal right is independent of another rights. It is the original right arising out of its own status.
The existence of accessory right is not independent of another rights. It is arising from principal right.
As for example, the ownership of a mango tree is the principal right of the owner and the right to collect mangos from that tree is the accessory right.
9. Legal and Equitable Rights:
Legal rights were the rights recognized and enforced by the Common Law Courts of England.
Equitable rights were the rights recognized and enforced by the Courts of Chancery of England.
Notes: Prior to the passing of the Judicature Act 1873, there were two separate legal systems of law in England under jurisdictions of two separate courts; the Common Law Court and the Chancery Court.
10. Primary and Secondary Rights:
A primary right is the right to use or enjoyment. It is also called antecedent right or substantive right.
A secondary right is the right to get remedy when the primary right is violated. It is also called remedial right or adjectival right.
11. Public and Private Rights:
A public right is possessed by every member of the public. When any right is vested in a person as an agent or instrument of the function of the State, it is called public right. As for example, right to vote.
A private right is concurred with only private individual. When any right is vested in a person to be exercised for their own purposes and not as an agent of the State, it is called private right. As for example, right to will or right to gift etc.
12. Vested and Contingent Rights:
A vested right creates an immediate interest. It is a right in respect of which all events necessary to vest it completely in the owner have happened. It not depends on fulfillment of any certain condition which must be happens.
A contingent right does not create an immediate interest. It not depends on fulfillment of some certain conditions which must be happens.
According to Prof. Patton, ‘When all the investitive facts which are necessary to create the rights have occurred, the right is treated as vested; when any part of the investitive facts have occurred, the right is treated as contingent until the happening of all the facts on which the tithe depends.’
13. Municipal and International Rights:
Municipal rights are conferred by the law of a country. It is also known as national right or domestic right or local right.
International rights are conferred by the international law. It is also known as universal right.
14. Ordinary and Fundamental Rights:
Ordinary rights are the rights which arise from the ordinary laws of the country.
Fundamental rights are those human rights which are guaranteed under the constitution as fundamental rights.
15. Civil and Criminal Rights:
Civil rights are those rights which arise from the laws of civil nature.
Criminal rights are those rights which arise from the laws of criminal nature.
16. Human and Fundamental Rights:
Human rights are those rights of the all human being of the world which arise the Universal Declaration of Human rights, 1948.
Fundamental rights are those human rights which are guaranteed under the constitution as fundamental rights.
