Kinds of rights under the jurisprudence

In layman’s language, the word “right” indicates the highest allowed behaviour within a certain area. It implies that a person’s legal right is the standard of acts that are permitted by law. The term right refers to any course of conduct authorised by law. Similarly, the phrase “legal right” denotes the minimum legally permissible activity. Legal rights are, in essence, legally protected interests. Any violation of a legal right constitutes a legal wrong for which there is a legal remedy.

Kinds of Legal Rights

Simply put, a court of law has the authority to uphold legal rights both against individuals and the government. An accepted and safeguarded interest is referred to as a legal right. Furthermore, violating a legal right is against the law. Every citizen is subject to legal rights. All citizens have equal access to legal rights without caste, creed, or sex discrimination.

Right in Rem and Right in Persona

“Rem” is for “world,” while “Persona” is for “people.” While the right in Persona is the right against a specific person, the right in Rem is the right available against the world. In most cases, a right in Persona results from contractual responsibilities, such as a violation of the contract. While a right in rem is typically the result of the law. Tort, for instance, or crime. Right in Persona is typically ephemeral and transferable as a right in rem. While right in persona is temporary, right in rem is something that lasts forever.

Personal and Proprietary Rights

Personal rights pertain to the owner’s body, whereas proprietary rights pertaining to the property of which the owner is a party. A man’s property or wealth is made up of his proprietary rights. These are the rights that the person has that are economically or financially valuable and make up their estate. All types of property rights include land rights, debts, goodwill, and patent rights. Personal rights include the right to repetition and to safety The same as with proprietary rights, personal rights are also crucial. Consider the right to reputation. Personal liberties have no monetary worth. They are connected to a person’s status or well-being.

Positive and Negative Rights

Positive rights are accompanied by positive obligations. A positive right is consequently the right that one possesses when performing a positive deed is expected of them. As a result, the individual who has such responsibility must take some kind of action. Negative rights, on the other hand, are those where some negative action through omission is required. Negative rights correspond to negative duties, which must be abstained from by the person who bears responsibility for them.
Principal and Accessory rights

The principal right is a fundamental or primary right that the law has granted to Persona. These rights are essential and significant. While the accessory right is a secondary or related right. Although they are not necessary, they are obvious to the more fundamental general right.

Perfect and Imperfect Rights

Perfect duty and perfect right go hand in hand. Law recognises and preserves perfect rights, and when they are violated, the perpetrator can be brought to justice by initiating a lawsuit. While imperfect duties, which are not recognised by law and cannot thus be enforced by it, relate to imperfect rights. For instance, “B” is required to pay back a loan to “A.” If “B” was unsuccessful, “A” may initiate a lawsuit against him to recover the money. However, if the debt is overdue and no lawsuit was filed before the statute of limitations had expired, then “A” was asleep on his right. Because it becomes an imperfect right that cannot be upheld by the law, “A” may assert a claim for the same.

Right in Re-proporia and Right in Re-aliena

A right in regard to one’s own property is known as a right in re-proporia. It considers complete ownership. It is the result of the legal component of ownership.

In contrast, a right in Re-aliena is a claim to another person’s property. It is the result of the dominant legacy and servant heritage’s jurisprudential aspects. For instance, an easement right. Salmond argues that “a right in re aliena” restricts or abrogates another person’s more general right with regard to the same subject matter. All other rights that are unrestricted are in re propria rights.

Salmond refers to the four kinds of encumbrances-

  1. Servitude is the privilege of restricted use of land.
  2. A lease is an encumbrance of property owned by one person to the possession and use owned by another person. Land must be free of any attachments, including ownership and occupancy.
  3. Security is an encumbrance placed on property belonging to a debtor by a creditor to protect the recovery of the debt, such as the right to keep possession of an item until the obligation is paid in full.
  4. A trust is an encumbrance in which ownership of the property is restricted by an equitable duty to manage it for the benefit of another party.

Vested and Contingent Right

The link between the right’s owner and the right itself determines whether a right is vested or contingent. A right that has already become vested in a person is said to be one that they already own, even though it depends on other events taking place.

While in a contingent interest, the right is subject to the occurrence or non-occurrence of specific events that may or may not take place.

Primary and Sanctioning Right

Basic rights include primary rights. Right is autonomous. These are, ipso facto, correct. For instance, the primary right is right in rem, which is the right to reputation and the right to satisfy. If the right to one’s reputation is breached, legal action may be taken. by Tort or by Crime. It is supported by a force. Consequential rights are those that are sanctioned. They are not necessarily correct. In Persona, which has its roots in some wrong, they are correct.

Legal and Equitable Rights

Legal rights are those that are granted by English common law courts. Common law was founded on statute through usage and custom. The consequence of equity legislation issued by the chancellor’s court, or an equity court founded on the principles of natural justice and the Lord Chancellor’s conscience Both systems are united by the Judicature Act of 1873 and 1875, but according to J.  According to Snell, “Both the systems flow in one stream, but their water does not mingle. English law was created as a result of the union of these two legal systems. However, there are some ideas and rights that fall under the categories of legal and equitable rights.

Corporeal and Incorporeal Right

Here, the right’s subject matter is distinguished in a subtle way. Rights with a corporeal presence are real. As an illustration, since I owned a book and it was physically present, my right to it was corporeal in nature. While incorporeal rights are those that relate to a subject matter that doesn’t actually exist. An example might be a brand or a book’s copyright. Legal protection is provided for both corporeal and incorporeal rights.

Public and Private Rights

Public and private rights are additional categories for legal rights. Public rights are those that the state has granted. Example: The right to vote, the right to utilise the highway. A private right is one that a person uses for his or her own profit.

Inheritable & Uninheritable Rights

Inheritable rights can be passed down from one generation to the next, meaning that they continue to exist even after their possessor has passed away. As an illustration, a son has the right to inherit his father’s assets following his passing. When their owner passes away, untransferable rights expire. All personal rights, for instance, are not transferable.

Conclusion

A state’s fundamental component is its system of rights. People hold significant significance in the context of contemporary world rights. Analysis of rights and obligations must take place within the framework of the legal system that established and upheld them. Depending on the many legal personas, such as an individual, a child, artificial personalities like businesses, lunatics, etc., the legal rights vary and have distinct aspects. Legal rights are crucial for the growth of every person and, in general, have a significant influence on how society functions.

REFERENCES

1. D. Mahajan, Jurisprudence and legal theory, fifth edition ( reprinted 2019), EBC publishing Ltd. Lucknow.

2. S. Atchuthen Pillai, Jurisprudence and Legal Theory, third edition (reprinted 2019)

3. Dr N.M. Paranjape, studies in jurisprudence and legal theory, eighth editions.

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