Legal Rights and Its Kinds

Legal rights and its kinds
The term right is defined as any action of a person that a law permits. Legal rights are the rights that
are given to the citizens of a country by the government to enjoy certain freedoms. These rights
affect every citizen. There is no remedy for the infringement of these except for the law itself. Legal
rights can be differentiated from moral rights or natural rights or even fundamental rights. E.g. Right
to vote, right to sue.
DEFINATION
A party has a right when another or others are bound or obliged by law to do or forbear towards or
in regard of him – JOHN AUSTIN
KINDS
I. Perfect & Imperfect Rights
It is recognized by law. 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.
It is recognized by law. 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-
Under Positive rights, the person has to perform some positive duty to fulfil 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
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.
VII. 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.
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.
OWNERSHIP
Ownership, denotes the relation between a person and any right that is vested in him. Ownership is
often termed as the bundle of rights. The earlier legal system did not recognise the distinction
between ownership and possession. The term ownership was used in English law for the first time in
1583 when it was distinguished from possession.
DEFINATION
Black law dictionary – “collection of rights to use and enjoy property, including right to transmit it to
others”
Polland - ’Ownership may be described as the entirety of the powers of use and disposal allowed by
law.’
Kinds of Ownership
 Corporeal and Incorporeal Ownership
Corporeal ownership is the ownership of material object. It is the ownership of tangible things which
can be perceived by the senses. For example, ownership of house, factory, machines, etc.
Incorporeal ownership is the ownership of a right. It is the ownership of intangible things which
cannot be perceived by the senses. It also includes intellectual property and encumbrances. For
example, ownership of shares, trademark, copyright, etc.
 Sole Ownership and Co-ownership:
When the ownership is vested in one person only, it is called the sole ownership and when it is
vested in more than one it is called co-ownership, ex-partnership. ‘Tenants in common’ and ‘joint
tenants’
 Trust Ownership and Beneficial Ownership
The relation in trust is that there are two or more sets of owners- one set is under an obligation to
use its ownership for the benefit of another, the former is called the ‘trustee’ and the letter is called
the ‘beneficiary’, and this is ‘beneficial ownership’. A trustee in legal theory is owner, though, he has
no right to use the property for himself.
 Legal and Equitable Ownership:
Certain rights which were not recognized by the courts of common law in England were afterwards
recognized by the courts of equity; and the distinction between legal and equitable ownership is like
the distinction between legal and equitable rights. Ownership recognized by the Courts of common
law is called legal ownership, whereas ownership recognized by courts of equity is called equitable
ownership.
 Vested and Contingent Ownership
Ownership is said to be vested when the owner’s title is already perfect. It is called contingent when
the owner’s title is as yet imperfect but is capable of becoming perfect in the future on the fulfilment
of some condition. It is vested ownership; the property is owned absolutely. In contingent ownership,
the property is owned conditionally
CHARACTERISTICS OF OWNERSHIP
1. Ownership may either be absolute or restricted. Ownership can be limited by agreement or by

operation of law.
2. The right of ownership can be restricted at the time of emergency.
3. An owner is not allowed to use his land or property in a manner that is injurious to others.
4. Restriction may also be imposed by law on the owner’s right of disposal of the thing owned.
5. The owner has the right to possess the thing which he own.
6. Ownership is residuary in character.
7. The right of ownership does not end with the death of the owner instead it is transferred to the
heirs.
8. Law does not confer ownership on an unborn child or insane person because they are incapable
of knowing the consequence of their act.

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Legal Rights and Its Kinds

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Legal rights and its kinds

I. Perfect & Imperfect Rights

II. Positive & Negative Rights-

III. Real & Personal Rights

IV. Proprietary & Personal Rights

V. Public & Private Rights

VI. Inheritable & Uninheritable Rights

VII. Right in repropria & Right in realiena

 Corporeal and Incorporeal Ownership

 Sole Ownership and Co-ownership:

 Trust Ownership and Beneficial Ownership

 Legal and Equitable Ownership:

 Vested and Contingent Ownership

1. Ownership may either be absolute or restricted. Ownership can be limited by agreement or by

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