Concept of Rights and Duties Under Jurisprudence: Essential Conditions of Legal Right

Concept of Rights and Duties Under
Jurisprudence
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
In general word, it means that the action which is permitted by the law is called legal right or
the act which is recognized or protected by the state is called legal right.
According to Salmond:
A legal right is an “interest which is protected and recognized by the rule of law. It is an
interest which has its duty and disregard of which is wrong”.
Essential conditions of legal right

According to Salmond, there are five essential conditions that need to be
fulfilled:
 The person of inheritance/ Subject of right:
He shall be the person who is the owner of the right. He is the subject of the
legal right. Such a person is called a person of inheritance. Example:-Y
purchase a van for TK 20,000. Here Y is the subject of the right.
 The subject of duty/ the person of incidence:
It is the duty of another person or persons to respect and recognize the right of
the person. Such a person who has a legal duty is called a person of incidence.
Example- If A has a legal right against B, then it is the duty of B to respect the
right of A.
 Contents or Subject Matter of legal right:
The subject matter of legal right is an essential element. It deals with the
subject matter of the legal right. It is related to do something or to refrain from
doing certain acts or forbearance. It obligates the person to forbear or act in
favour of the person possessing a legal right. Example-Y purchase a van for TK
20,000. Here Y is the subject of the right. The subject matter (Y) has a legal
right and he can exclude others.
 The object of the legal right:
The object of the legal rights is a thing or object over which the legal right is
exercised. Example- A purchases the car for TK 10,00,000. Here the car is the
object.
 Title of the legal right:
The title 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. Example-
By purchase or gift or will etc.
Classification of Legal Right
Right in rem and Right in Persona
The right in rem is the right available against society at large. For Example:- a
crime committed under Penal Code because it is a crime committed against the
state.
Right in Persona means right that is available against an individual. Example

breach of Contract. When there is a breach of contract, the party who has
performed the act files the suit against the breaching party. Right in Persona is
temporary in nature, which can be converted into right in rem. Right in rem is a
permanent in nature.
Positive Rights and Negative Rights

A positive right is a right when some action needs to be done by the person who
has the corresponding duty. The person on whom the duty lies must perform
some positive acts.
The negative rights are the rights which omit the person from performing
certain acts. Negative rights correspond to negative duty. The person on whom
such duty is imposed is restrained from performing certain acts.
Personal and Proprietary Rights

Personal rights are the right to respect the owner of the right. The personal
right has no economic value and this right is related to personal status or well
being. Example the right to live with dignity, the right to freedom of speech and
expression.
The proprietary right is given in respect of the owner of the property. These
rights are rights which has some monetary value or economic value and
constitute the estate of the person. Example-patent rights, right to land, debt
etc.
Perfect and Imperfect right

Perfect rights are protected and recognized by law and the suit can be instituted
in the court against the wrongdoer for the breach of it. Example: A has taken
the loan from B. B has the duty to pay the loan and A has the perfect right to
claim the loan amount. If B fails to pay then A has the right to file the suit in
the court.
Imperfect rights are those rights which are neither recognized nor protected by
law. Example: if the loan becomes time-barred, then he can claim his money
back but it cannot be enforced by law.
Principal and Accessory Rights

The principal right is the most important rights. They are the basic right that is
vested on an individual.
The accessory right is the consequential or incidental right. They are not
important but they are ostensible to basic right.
Right in Re-aliens and Right in Re-propria

Right in Re-aliena is the right available against the property of another
person. Example- The right of easement. It is the result of jurisprudence
concept of dominant heritage and servient heritage.
Right in Re-Propria is the right available in respect of one’s own property. It

results in absolute ownership. This is the result of jurisprudence concept of
ownership.
Corporeal and Incorporeal right

Both the rights are protected by law. The corporeal right is the rights over
tangible objects or material objects. Corporeal rights are having the rights over
the objects which can be seen, touch or perceived. Example: I purchase the
watch. The watch has physical existence so I have a corporeal right over it.
The incorporeal right is the right over the object which cannot be seen or
touched. Example right to reputation.
Legal and Equitable Right

Legal rights are protected by the common law i.e Court of England. Common
law depends upon the usage and custom.
Equitable rights are protected by the equity court or the court of chancellor. The
basic principle is natural justice, equity, justice and good conscience.
Public and Private Rights

The public right is the right that is exercised by the State. Example- right to
vote, right to use road etc. The private right is exercised by an individual for his
personal benefit. Example:- right to sleep, right to clean water.
Vested and Contingent Rights
A vested right is a right which is vested on the person from the very beginning.
No events are required to take place for conferring the rights of an individual. It
depends on the present situation.
Contingent rights are rights which are conferred on the happening or non-
happening of certain acts. This right depends upon future acts. If the act which
is prescribed take place then only the right will be conferred on the person.
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.
Duties
When the right is given to the person then it is assumed that certain duties are
also imposed on the person. The right has its correlative duties. There are two
kinds of duties when it is the obligation of the person to perform his duty when
he has a legal duty but in case of moral duty he has no obligation. It is on the
discretion of an individual. The duties are classified into absolute and relative
duty, positive and negative duty and primary and secondary duty.

Concept of Rights and Duties Under Jurisprudence: Essential Conditions of Legal Right

Uploaded by

Copyright:

Available Formats

Concept of Rights and Duties Under Jurisprudence: Essential Conditions of Legal Right

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Concept of Rights and Duties Under Jurisprudence: Essential Conditions of Legal Right

Uploaded by

Copyright:

Available Formats

Concept of Rights and Duties Under

Essential conditions of legal right

 The person of inheritance/ Subject of right:

 Contents or Subject Matter of legal right:

 The object of the legal right:

 Title of the legal right:

Right in Persona means right that is available against an individual. Example

Positive Rights and Negative Rights

Personal and Proprietary Rights

Perfect and Imperfect right

Principal and Accessory Rights

Right in Re-aliens and Right in Re-propria

Right in Re-Propria is the right available in respect of one’s own property. It

Corporeal and Incorporeal right

Legal and Equitable Right

Public and Private Rights

How Legal Right is enforced

You might also like