INTRODUCTION:
The law protects the legal right of every citizen. By 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.
MEANING AND DEFINITION OF LEGAL RIGHTS:
Many definitions of legal rights have been given by various writers some of them are as follows:
Pollock – According to Pollock
\”Right is freedom allowed and power conferred by law\”
Austin – According to Austin
\”A person can be said to have a right only when another or others are bound by law\” Salmond – According to Sir John Salmond, \”Legal right\” as \”an interest recognized and protected by the rule of legal justice\”
ESSENTIAL ELEMENTS OF LEGAL RIGHT:
According to Salmond, every legal right has five Essential elements which are as follows;
- Owner of 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.
Example – X purchased a car for 1 million dollars. Here \’X\’ is called subject of right.
- Subject of the Duty:
A legal right occurs against another person or persons who are under a corresponding duty to respect that right. Such a person is called the person of incidence or the subject of the duty.
Example: If X has a particular right against Y, X is the person of inheritance and Y the subject of incidence
- Subject matter or Contents of legal rights:
The subject matter of legal right is an essential element. It is related to do something or to refrain from doing certain acts or forbearance. It obligates the person to refrain or act in favour of the person possessing a legal right. Example-Y purchases a car for Rs 1 million. Here Y is the subject of the right. The subject matter (Y) has a legal right and he can exclude others.
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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\’.
Example: A purchases the car for Rs 1 million. Here the car is the object.
Title:
Title is nothing but the name given to the legal right. Title is a process, by which the right is vested/conferred. Purchase, gift, etc. confers title on person
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CLASSIFICATION OF LEGAL RIGHTS:
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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. Example: A contract specially enforceable through the Court of law is an example of perfect right. While Imperfect right corresponds with Imperfect duty, which are not recognized by law and hence cannot be enforced by law. 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.
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Positive and Negative Rights:
A positive right is the right when some positive act is required to be done by the person who has the corresponding duty. Thus the person on whom such duty lies must do some positive act. Positive rights have corresponding Positive duty. While on the other hand negative rights are those rights when some negative act by way of omission is required. Negative rights correspond to negative duty, and the person on whom such negative duty lies shall omit (not to do) such act.
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Right in Rem and Right in Persona:
\’Rem\’ means world, the Right in Rem is the right available against the whole world. The right in rem is generally outcome of law. For example: Tort, Crime. \’Persona\’ mean persons. The right in Persona is the right against a particular person. Right in Persona generally arises out of contractual obligations for example – breach of contract.
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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 absolute ownership. Example: The owner of a chattel has a right in re propria over it. Whereas right in Re-aliena, is the right in respect of property of another person. Example: right of easement, Mortgaged property
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Principal and Accessory rights:
The principal right is a basic or main right vested in Person under law. They are Vital and important Rights. While accessory right is incidental or consequential right. They are not essential but are apparent to the more basic general right. 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.
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Personal and Proprietary Right:
Personal right is in respect of person’s own body. Personal right includes right to safety, to repetition. Personal Rights is having no economic value. They relate to Person\’s well-being or status. Example: right to reputation, right to life. Proprietary right is in respect of property of which the person is an owner. Proprietary Rights are those, which constitute a man\’s property or wealth. These are the rights, which possess some economic or monetary value and constitute the estate of the Person. Example: right to land, debts and Goodwill or patent rights are all Proprietary right.
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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. Example: right to vote etc. Equitable rights are the outcome of law of equity given by the court of chancellor, or equity Court based on principle of natural justice and conscience.
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Vested and Contingent Right:
Vested right means which is already vested in person, the person already has such right and it does not depend upon the happening of certain events. Example: If a valid deed of transfer is executed by ‘A’ in favour of ‘B’, ‘B’ acquires a vested right. Whereas is in Contingent right is dependent upon happening or non-happening of certain events which may or may not happen. 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.
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Public and Private Rights:
A public right is possessed by every member of the public. Public Rights are those Vested in by State. It is between a state and the private individual. Example – Right to use High-way, right to vote etc. A private right is concerned only with the individuals. A private Right is exercised by an individual to protect his benefit e.g., contract entered into by two individuals.
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Primary and Secondary Right:
Primary right is basic right. It is independent Right. These are the right ipso facto. For example -right to reputation, Right to Life. If right of reputation is violated then there is legal remedy, in Tort or in Crime. There is force behind it.
Secondary rights are also called sanctioning, restitution 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.
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Corporeal and Incorporeal 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 which 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.
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Inheritable And Uninhabitable Rights:
Inheritable rights are those which survive its owners. Example: ‘A’ dies leaves his property him ‘B’ his legal heir becomes owner of such property. This is an inheritable right. A right is un-inheritable if it dies with its owners e. g. personal rights die with its owner and cannot be inherit.
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Municipal And International Rights:
Municipal right are conferred by the law of a country, it is enjoyed by the individuals living in a country. While International rights are conferred by international law. The subjects of the International rights are the persons recognized as such by International law.
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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 Constitution i. e., right to life, liberty etc.
- 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. When the compensation does not satisfy the claim of the plaintiff then the court may order for the specific performance of the Contract. It is governed by the Specific Relief Act.
- CONCLUSION:
To conclude, it can be said, 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