Meaning of Legal Right
Rights are termed as any action of a person permissible by law. In Essence, Legal rights are those rights that are provided to countries citizens by the government that particular country to access certain kind of freedoms. These rights are enjoyed by every citizen in day to day life and if this rights gets infringed in any way than there is no remedy that the infringement other then the law itself. There are different kinds of rights like Legal Rights, Moral Rights, Natural Rights and Fundamental Rights. Legal rights are different from moral rights, natural rights or even fundamental rights. Some of the well known examples of legal are Right to vote, the right to sue and Right to property.
Some Essentials of a legal right are:
- The foremost essential is that a person must be an owner of a right;
- To determine legal right Content or substance of the subject matter is necessary to refrain him from doing certain acts and omissions.
- It is the obligation of other person or persons to respect and recognize the right of the person if he doesn’t do so he is accursed the legal Rights of that person.
- The object of the right is necessary to determine to exercise those legal rights
- Title of the right is the process by which the right is vested or conferred on the person. It is certain events by which right is acquired from its previous owner.
Nature and Characteristics of Legal Rights:
1. Legal rights is result of society– where there is human consequences there is ride of legal right. To simplify we can say that legal rights are result of their social consequences .
2. Speedy contribution in development of the nation– a content developing nation is result of their legal right it act as pillar for building a strong and sustainable development of nation.
3. Rights are those rights which are known and recognized by all people in a society.
4. Rights are rational and moral claims– These are not illogical and do not follow the idea of on hit and trial methods.
5. Rights cannot be utilized against the society or against the social good because it is present in society and it is result of society at large.
6. Rights are non discriminatory in nature because it is equally available for all the citizen of the country.
7. These rights are dynamic. They can be changed according to the situations and conditions prevailing in society.
8. Rights have certain limitation attach to them they are not absolute in nature and they can never be. These limitations are necessary for maintaining security, order public health and morality.
9. It is rightly said that, when there is Rights, there are certain duties too because both are correlate each other. They equally follow relationship between them, they usually go hand in hand.
10. Laws made by state’s are the protector and enforcer of rights. government of States takes numerous measure to protect the individual right. thus, it is the inherent duty of the government to protect those rights of their citizens.
Kinds of Legal rights
There are total 16 kinds of legal rights which are available for each and every citizen of the state without any discrimination of gender, colour, caste, or creed
1. Perfect and imperfect rights- Perfect rights are backed up by perfect duties. It is not merely recognized by the law but can be enforced by the law. An imperfect right may or may not have remedy and it can be recognized but unenforceable by the law.
2. Positive and negative rights– Positive rights are those rights which is backed up with positive duties. Negative rights are those rights which is corresponding to negative duties which are majorly against all the Humanity.
3. Real and personal rights– Those rights which are imposed on every individual in general are known as Real Rights. Personal rights are those rights that are imposed on single individual. For Example- breach of contract is personal right.
4. Rights in rem and rights in personam– those right which are against or in respect of any thing is Rights in rem. Whereas, rights which are against or in respect of a person is Right in personam.
5. Proprietary and personal rights– Rights which deals or includes some monetary value in it is proprietary right. Personal rights as such not include any monetary terms.
6. Inheritable and uninheritable rights– Right which are surviving with a person always is inheritable right and a right is said to be uninheritable if it dies with a person.
7. Principal and accessory rights– Principal rights are important rights which are vested upon persona. Whereas, those rights are consequential in nature and not that much necessary are Accessory rights.
8. Rights in Re Propria and Rights in Re Aliena – Right which deals with one’s property is said to be Re Propria right. However, those rights deals with other property right’s is said to be Re Aliena right.
9. Legal and Equitable rights– Both rights are recognized by all the courts but they differ in their practicality.
10. Primary and secondary rights– Primary rights are independent rights they are also called sanctioned or enjoyment rights. These rights are exists for their own sake; these are ipso facto. While, Secondary rights are the supporting rights to primary rights. They are remedial right provided by the state for the redress of injury done to primary rights.
11. Public and private rights– Rights which are in the hands of the state are known as public right. Whereas those rights which are exercised by individuals for their own benefits is known as private rights..
12. Vested and contingent rights– Vested right is a right in respect of all event happened by the owner. it is already vested in person. While, in contingent right only some of the events are necessary to vest contingent rights depend on the happening or non-happening of certain events.
13. Servient and dominant rights– Rights which are subjected to encumbrance are servient right, whereas, the rights which are enjoyed by the dominant owner from rights exits is dominant rights.
14. Municipal and international rights– Those rights which are conferred by the law of a certain country and those those rights are enjoyed by every individual of that country is Municipal Right. On the other hand, International rights are conferred by International laws these right is enjoyed by those person subject to recognized by such law.
15. 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. Rights which are connected or disconnected from persons are subject to rights in motion.
16. Fus ad rem– Fus Ad Rem is a right to a right. It is an ordinary and fundamental right.It is always a right in personam.
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