Essential Elements of Legal Right - Jurisprudence - SRD Law Notes

7/11/22, 12:11 AM Essential Elements of Legal Right | Jurisprudence - SRD Law Notes
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Essential Elements of Legal Right | Jurisprudence

SUBJECTS
1) What is Legal Right?
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The concept of legal rights of fundamental significance in modern legal theory, because we cannot live without Administration of justice
rights, which are recognized and enforced by law. Different jurists have attempted to define legal rights some of them
Banking Law
are as follows.
Civil Procedure Code

2) Meaning and definition of legal right -
Company Law
Many definitions of legal rights have been given by various writer some of them are as follows -
Comparative Law
(a) Holland - According to Holland, " A right is a capacity residing in one man of controlling, with the assent and the Constitutional Law
assistance of the state, the action of others. Every right gets its validity by State.
Cyber Law
(b) Salmond - According to Sir John Salmond, " Legal right" as "an interest recognized and protected by the rule of Family Law
legal justice"
Hindu Family Law
(c) Pollock - According to Pollock "Right is freedom allowed and power conferred by law"
Hindu Law
Human Rights
(d) Austin - According to Austin "A person can be said to have a right only when another or others are bound by
law"
Insurance Law
(c) Allen - According to Allen, " Right is a legally guaranteed power to realize an interested"
International Law
Jurisprudence
(d) Buckland - According to Buckland "A legal Right is an interest or an expectation guaranteed by law."
Labour Law
(e) Ihering - According to Ihering, "A legal right is a legally protected interest"
Law of Arbitration and Conciliation
Law of Conflict
Law of Contracts
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Law of Crime
Law of Evidence
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Professional Ethics
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Public Interest Litigation
Transfer of property
3) Essential elements of Legal Right
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
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large, and indeterminant body is the subject of inheritance. In the case of the bequest to an OUnborn
P T I M I Zperson,
ER the for legal
owner
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of the right is an Unborn child who is an uncertain person
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https://www.srdlawnotes.com/2018/02/essential-elements-of-legal-right.html 1/8
ii) The person of incidence / Subject of the Duty -
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.
iii) Subject matter or Contents of legal rights-
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.
iv) Object of the legal 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.
v) Title-
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
See also...
Sources of Obligation | Jurisprudence
What is Solidary obligation and what are kinds of solidary obligation
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Criminal Administration of Justice | Jurisprudence Secondary Evidence : Circumstances under which Secondary Evidence is
permissible
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civil liability lets see what is a liability, the What is Jurisdiction -
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definition...Read more the power to hear and determine the D E C L U T T E R & D O M I N AT E
subject matt...Read more
Jurisprudence | Solved Question Paper Kelson's pure theory of law

-2 Hans Kelson (1881-1973)-
Hans Kelson
Q.9 is Compulsory. Attempt any Five
1) was Austrian Jurist. He was born at Prague
Define Jurisprudence and Utility of in Austria i...Read more
Jurisprudence
>>>> ...Read more
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Classification of Legal Rights
Introduction
The concept of legal right
is a fundamental significance of modern
legal theor...Read more
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7/11/22, 12:11 AM Essential Elements of Legal Right | Jurisprudence - SRD Law Notes

SRD LAW NOTES

"Injustice anywhere is a threat to

Essential Elements of Legal Right | Jurisprudence

Accountancy for Lawyer

Civil Procedure Code

Hindu Family Law

Law of Arbitration and Conciliation

COMFORT VIEW Law of Tort

Latitude 7420 Legal History

3) Essential elements of Legal Right

i) The person of inheritance-

iii) Subject matter or Contents of legal rights-

iv) Object of the legal rights-

Sources of Obligation | Jurisprudence

What is Solidary obligation and what are kinds of solidary obligation

Jurisprudence | Solved Question Paper Kelson's pure theory of law

Intel® Core™ i7 processor

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