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Jurisprudence

Legal
ASK Rights – Rights Kinds

The standard of permitted action within a certain sphere are

CONCEPTS
called rights. In other words, a right is any action of a person
which law permits. Legal rights is different from a moral or
natural right in the sense that it is recognized & protected by
law, whereas the latter may/may not be recognized & protected
by law. We shall now, discuss the types of rights in detail.

Kinds of Legal Rights

In simple words, the court of law can enforce legal rights against
persons and also against the government. A legal right is an
interest accepted and protected by law. Also, any debasement of
any legal right is punishable by law. Legal rights affect every
citizen. Legal rights are equally available to all the citizens
without the discrimination of caste, creed & sex.

I. Perfect & Imperfect Rights

The perfect right has the following features:

1. It is recognized by law.

2. 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.

The imperfect right has the following features:

1. It is recognized by law.

2. 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

The basis of distinguishing right as positive or negative is the

nature of correlative duty it carries with it.

Under Positive rights, the person has to perform some positive

duty to fulfill 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.

Source: pixabay.com

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.

V. 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.

Solved Example on Legal Rights

Identify the type of rights in the following:

1. Harsh gives a loan to Sanjana & Sanjana fails to repay the

loan. In this case, Harsh can file a claim against Sanjana.

2. Ram receiving compensation from Shyam is a positive

right of Ram & Shyam must perform a positive duty to
recognize this right of Ram.

Ans.

1. Imperfect right.
 2. Positive right.

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Jurisprudence

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Purpose of Law – Justice, and Law Approaches of Different School

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2 responses to “Purpose of Law – Concept of Justice”

1. bilyaminu saleh says:

March 19, 2021 at 6:45 am

thank you for this website

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March 29, 2021 at 3:58 pm

This really helps me in my research home.

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Browse
Jurisprudence

Schools of Jurisprudence – Analytical Positivism

Public Interest Litigation

Sociological School

Historical School of Jurisprudence

Natural Law

Purpose of Law – Justice, and Law Approaches of Different School

Purpose of Law – Purpose of the Supreme Court in the Case of Article 147

Legal Rights: Right Duty Correlation

Schools of Jurisprudence – Concept of Dharma

Purpose of Law – Concept of Justice

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