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Legal Rights

The document discusses different types of legal rights, including perfect and imperfect rights, positive and negative rights, real and personal rights, proprietary and personal rights, public and private rights, inheritable and uninheritable rights, and rights in repropria and rights in realiena. Legal rights are interests protected by law that affect all citizens equally without discrimination.

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Abdul Qudoos
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56 views4 pages

Legal Rights

The document discusses different types of legal rights, including perfect and imperfect rights, positive and negative rights, real and personal rights, proprietary and personal rights, public and private rights, inheritable and uninheritable rights, and rights in repropria and rights in realiena. Legal rights are interests protected by law that affect all citizens equally without discrimination.

Uploaded by

Abdul Qudoos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

Legal Rights – Rights Kinds


The standard of permitted action within a certain sphere are called
rights. In other words, a right is any action of a person which law
permits. Legal rights is different from a moral or natural right in the
sense that it is recognized & protected by law, whereas the latter
may/may not be recognized & protected by law. We shall now, discuss
the types of rights in detail.

Kinds of Legal Rights


In simple words, the court of law can enforce legal rights against
persons and also against the government. A legal right is an interest
accepted and protected by law. Also, any debasement of any legal right
is punishable by law. Legal rights affect every citizen. Legal rights are
equally available to all the citizens without the discrimination of caste,
creed & sex.

I. Perfect & Imperfect Rights

The perfect right has the following features:

1. It is recognized by law.
2. It is enforceable by law. So, in the case of breach of this right, a
person may go to court for enforcing this right.
Thus, all fundamental rights, viz. Right to equality, right to religion, etc.
are perfect rights as these are enforceable by law.

The imperfect right has the following features:

1. It is recognized by law.
2

2. It is not enforceable by law. This means that a person cannot go to


court for the breach of imperfect right.
All the time-bound claims or debts come under the category of
imperfect rights.

II. Positive & Negative Rights

The basis of distinguishing right as positive or negative is the nature of


correlative duty it carries with it.

Under Positive rights, the person has to perform some positive duty to
fulfill this right.

Negative rights prevent a person to do some act, that is it corresponds to


a negative duty. Example: Right to life under article 21 of the Indian
constitution is a negative right because it prevents a person to kill
another person.

III. Real & Personal Rights

Real right or right in- rem corresponds to the duty imposed upon the
people in general. It is available against the whole world in general.
Example: Tort or crime is a real right.

Personal right or right in-persona is available against a particular person


& it corresponds to duty the duty imposed upon a particular person.
Therefore, the personal right generally arises out of contractual
obligation. Example: breach of contract is a personal right.

IV. Proprietary & Personal Rights


3

A proprietary right is available with respect to a property that is it


relates to the owner & his assets. The assets must have some monetary
value. Example: the right to ownership of property, Right to patent,
Right to goodwill, etc.

A personal right is related to a person’s life i.e. his reputation or


standing in the society. These rights promote a person’s well being in
society & have no economic value. Example: Right to life.

V. Public & Private Rights

The rights which are vested in a person by state or govt. or constitution


is called public rights. Example: Right to vote, Right to use public
parks, etc.

Private rights are connected with private individuals or persons.


Example: A contract entered into by two people gives rise to private
rights to them.

VI. Inheritable & Uninheritable Rights

Inheritable rights can be passed from one generation to another, i.e. this
right survives even after the death of its owner. Example: A son is a
legal heir to the property of his father after his death.

Uninheritable rights die with the death of its owner. Example: All
personal rights are uninheritable rights.

V. Right in repropria & Right in realiena

A person possesses Right in repropria with respect to his own property.


He can use, dispose of, destroy, modify or exclude others from his
property. Thus, this right gives a person, absolute ownership over the
property.
4

Right in realiena is the right in the property of another person. Example:


Right of way over the neighbor’s field. So, it is not an absolute right.

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