JURISPRUDENCETYPES OF LEGAL RIGHTS

Submitted by- Amulya Nigam ( BALLB vi sem)

LEGAL RIGHTS • According to Salmond : “ A right is an interest

recognized and protected by a rule of right. It is any interest, respect for which is a duty, and the disregard of which is a wrong “.

• According to 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”.

ESSENTIALS OF A LEGAL RIGHTS

• The first essential element is that there must be a person who is the owner of the right.

• A legal right accurse against another person or persons who are under a corresponding duty to respect that right.

• Content or substance.• The object of the right.• Title of the right.

KINDS OF LEGAL RIGHTS• Perfect and Imperfect Rights• Positive and Negative Rights• Real and Personal Rights• Rights in Rem and Rights in Personam• Proprietary and Personals Rights• Inheritable and Uninheritable Rights• Rights in Re Propria 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• Ordinary and Fundamental Rights• Fus ad rem

Perfect and Imperfect Rights• According to Salmond, a perfect right is one which

corresponds to a perfect duty. A perfect duty is one which is not merely recognized by law but also enforced by law.

• In all fully developed legal systems, there are rights and duties which, though recognized by law, are not of perfect nature. Those rights are called Imperfect rights. i.e., claims barred by the lapse of time.

Positive and Negative Rights• According to Salmond, a positve right corresponds

to a positive duty and entitles its owner to have something done for him without the performance of which his enjoyment of the right is imperfect and incomplete.

• Negative rights have negative duties corresponding to them and enjoyment is complete unless interference takes place. The majority of negative rights are against all the world.

Real and Personal Rights• According to Salmond, a real right

corresponds to a duty imposed upon persons in general. A real right is available against the whole world.

• A personal right corresponds to a duty imposed upon determinate individuals. A personal right is available only against a particular person.

Rights in Rem and Rights in Personam

• Jus in rem means a right against or in respect of a thing. A right in rem is available against persons generally.

• Fus in personam means a right against or in respect of a person. A right in rem is available against the whole world but a right in personam is available against a particular individual only.

Proprietary and Personals Rights

• The proprietary rights of a person include his estate, his assets and his property in many forms. Proprietary rights have some economic or monetary value. Examples of proprietary rights are the right to debt, the right to goodwill, the right to patent, etc.

• Personal rights are not valuable. Personal rights are merely elements in his well-being. They possess merely judicial importance.

Inheritable and Uninheritable Rights

• A right is inheritable if it survives its owners. Proprietary rights are inheritable. The heirs of a proprietary owner become owners after his death.

• A right is uninheritable if it dies with him. Personal rights are uninheritable. In the case of personal rights, they die with the owner and cannot be inherited.

Rights in Re Propria and Rights in Re Aliena

• According to Salmond, a right in re aliena or encumbrance is one which limits or derogates from some more general right belonging to some other person in respect of the same subject matter. The pledgee has jus in re propria or a right over his own property. Rights in re aliena are rights over the property of another persons.All other rights are rights in re propria.

• The owner of a chattel has jus in re propria or a right over his on property. Rights in re propria are rights in one’s own property. My right of ownership of my land is a right in re propria.

Principal and Accessory Rights

• Principal rights exist independently of other rights.

• Accessory rights are appurtenant to other rights and they have a beneficial effect on the principal rights.

Legal and Equitable Rights

• Legal rights were recognized by common law courts and equitable rights were recognized by the Court of Chancery. The Judicature Act of 1873 put an end to the distinction between legal and equitable rights.

Primary and Secondary Rights• Primary rights are also called antecedent, sanctioned or

enjoyment rights.• Secondary rights are called sanctioning , restitutory or

remedial rights.• Primary rights are those rights which are independent of

a wrong having been committed. They exist for their own sake. They are antecedent to the wrongful act or omission.

• Secondly rights are a part of the machinery provided by the state for the redress of injury done to primary rights.

Public and Private Rights

• A public right is possessed by every member of the public.

• A private right is concerned only with individuals.

Vested and Contingent Rights• A vested right is a right in respect of which all

events necessary to vest it completely in the owner have happened. No other condition remains to be satisfied.

• In the case of a contingent right, only some of the events necessary to vest the right in the contingent owner have happened.

Servient and Dominant Rights

• A servient right is one which is subject to an encumbrance. The encumbrance which derogates from it may be contrasted as dominant.

• The land for the beneficial enjoyment of which the right exists is called the dominant heritage and the owner or occupier thereof is called the dominant owner.

Municipal and International Rights

• Municipal rights are conferred by the law of a country. All municipal rights are enjoyed by the individuals living in a country.

• International rights are conferred by international law. The subjects of international right are 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.

• Causes by which rights are either connected or disconnected with persons are discussed under rights in motion.

ORDINARY & FUNDAMENTAL RIGHTS

FUS AD REM• A jus as rem is a right to a right. The person of

inherence has the right to have some other right transferred to him. The jus ad rem is always a right in personam. If I sell my house to K, K acquires a right against me to have the house transferred to himself. The right of K is said to be a jus ad rem. Whether the right to be transferred is a right in rem or only a right in personam, the jus ad rem is always a right in personam.

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