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    JURIS

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    Christina Chacko
    Legal rights are fundamental in modern legal theory as they define how people can live together in a society governed by laws. There are several definitions of legal rights provided by different jurists. According to Salmond, a legal right is an interest recognized and protected by legal justice. A legal right has five essential elements - the person of inheritance who owns the right, the person of incidence who has a corresponding duty, the content or substance of the right which defines acts that can or cannot be done, the object of the right which is the thing over which the right is exercised, and the title which is the process by which the right is vested or conferred upon the person of inheritance.

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    JURIS

    Uploaded by

    Christina Chacko
    7 views9 pages
    Legal rights are fundamental in modern legal theory as they define how people can live together in a society governed by laws. There are several definitions of legal rights provided by different jurists. According to Salmond, a legal right is an interest recognized and protected by legal justice. A legal right has five essential elements - the person of inheritance who owns the right, the person of incidence who has a corresponding duty, the content or substance of the right which defines acts that can or cannot be done, the object of the right which is the thing over which the right is exercised, and the title which is the process by which the right is vested or conferred upon the person of inheritance.

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    Juris

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    JURIS,

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    Legal rights are fundamental in modern legal theory as they define how people can live together in a society governed by laws. There are several definitions of legal rights provided by different jurists. According to Salmond, a legal right is an interest recognized and protected by legal justice. A legal right has five essential elements - the person of inheritance who owns the right, the person of incidence who has a corresponding duty, the content or substance of the right which defines acts that can or cannot be done, the object of the right which is the thing over which the right is exercised, and the title which is the process by which the right is vested or conferred upon the person of inheritance.

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    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
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    7 views9 pages

    JURIS

    Uploaded by

    Christina Chacko
    Legal rights are fundamental in modern legal theory as they define how people can live together in a society governed by laws. There are several definitions of legal rights provided by different jurists. According to Salmond, a legal right is an interest recognized and protected by legal justice. A legal right has five essential elements - the person of inheritance who owns the right, the person of incidence who has a corresponding duty, the content or substance of the right which defines acts that can or cannot be done, the object of the right which is the thing over which the right is exercised, and the title which is the process by which the right is vested or conferred upon the person of inheritance.

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    of 9

    Assignment

      What is Legal Right?

            The concept of legal rights of


    fundamental significance in modern legal
    theory, because we cannot live without
    rights, which are recognized and enforced by
    law. Different jurists have attempted to
    define legal rights some of them are as
    follows.
     Many definitions of legal rights have been given by various writer some of them are as follows - 

       (a) Holland - According to Holland, " A right is a capacity residing in one man of controlling, with the
    assent and the assistance of the state, the action of others. Every right gets its validity by State. 

       (b) Salmond - According to Sir  John  Salmond, " Legal right" as "an interest recognized
    and protected by the rule of legal justice"

        (c) Pollock - According to  Pollock "Right is freedom allowed and power conferred by law" 

        (d) Austin - According to Austin "A person can be said to have a right only when another or others
    are bound by law"

        (c) Allen - According to Allen, " Right is a legally guaranteed power to realize an interested" 

        (d) Buckland - According to Buckland "A legal Right is an interest or an expectation guaranteed by
    law."

        (e) Ihering - According to Ihering, "A legal right is a legally protected interest"
     According to Salmond, every legal right has five Essential elements which
    are as follows-
     i) The person of inheritance-
          The first essential element of the legal right is that there must be a
    person who is the owner of the Right. He is the subject of the legal right.
    He is sometimes described as the person of inheritance.
    Example -  X purchased a  car for 1 million dollars. here 'X' is called subject
    of right.
          The owner of a  right need not be a determinant or fixed person. If an
    individual owes a duty towards Society at large, and indeterminant body is
    the subject of inheritance. In the case of the bequest to an Unborn person,
    the owner of the right is an Unborn child who is an uncertain person
      A legal right occurs against another person or
    persons who are under a corresponding duty to
    respect that right. Such a person is called the person
    of incidence or the subject of the duty.

    Example-  If X has a particular right against Y, X is


    the person of inheritance and Y the subject of
    incidence.
      Another essential element of a legal right is
    its content or substance. Contents of the
    legal right deals with the subject matter of
    the legal rights. It relates to some act to do or
    not to do any act or forbearance. It obliges a
    person to act or forbear in favor of the person
    who is entitled to the rights.
      Another essential element of the legal right
    is the object of the right. The thing or an
    object over which the right is exercised is
    called 'Object of Right'. In above example Car
    is the object of right.
        Title is nothing but the name given to the
    legal right. Title is a process, by which the
    right is vested/conferred. Purchase, gift, etc
    confers title on person

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