Essentials of legal rights
1) Introduction
The main object of the state is provision of rights to citizens and protection of such rights. There can be no duty without rights. Legal rights are those rights which have been given to a person by the legal system. Such rights can be repealed, modified and changed by legal system and such rights empowers the individuals for joyful life
2) Definition of legal right
Legal rights are those rights which are common interests of people of civilised society which are recognized and enforceable by law
3) Essentials of legal rights
Following are the five essential elements of legal rights. Details are as under:
1. Person of inherence
Person of inherence is an essential legal right. Where a person who has been given a permanent legal right which is enforceable against other and he can exercise his right and can get benefits from his legal right and he is only the owner of this right
2. Person of incidence
Person of incidence is an essential element of legal right. A person against whom a legal right has been enforced by others and upon whom a duty falls is called person of incidence.
3. Content of the right
Another essential of legal rights is its content. According to this element, if a person who has been entitled to perform a certain duty, he is legally bound to perform this duty and if a person who has been entitled not to perform a certain duty, he is legally bound not to perform this duty. Because this permission or omission regarding performance of an act is his legal right.
4. Subject matter of the right
This is an important essential of the legal right. There should be a subject matter upon which a person will perform an act or will not perform an act upon the thing
5. Title of the right
Another essential element of the legal right is the title of the right. Every legal right has a title. There are certain reasons by which a person becomes the owner of a thing. A
person can become owner by purchasing the thing, by receiving a gift or by succession after the death of previous owner
Illustration
A man buys a house from another. The buyer will be the person of inherence and the seller of the house is a person of incidence.
The object of the right will be the house
The content of the right is restriction on further usage of house
The title to the right is sale of the house
4) Objectives of the right
Following are the objectives of the rights against their citizens. Details are as under:
1) Provision of better services to people for their better living
2) Provision of freedoms of thought and speech without any fear
3) Provision of protection of the family right from offender
4) Provision of rights of women and children in the society
5) Provision of the trainings into military and armies to the children and adults
6) Provision of freedom of business and freedom of religious duties
5) Classification of rights
Rights have been classified into following kinds. Details are as under
1. Personal rights
These are very important legal rights such as right of life, right of personal liberty and reputation. All above mentioned rights are immaterial
Example
I have a right not to be killed and object of this right is my life
2. Domestic rights
There are some rights in respect of domestic relation
Every person has a right in the society ,affection and security of his wife and children Here the object of right is affection and security of the person
3. Right of reputation
This is also an important legal right which is right of reputation
Reputation means a good opinion of other persons about a person
A person has a right not to be insulted such right has given legal protection
4. Rights over material things
These are the most important legal rights upon material things and upon their number and variety. Examples as one’s right on his own car or cars etc
5. Rights over immaterial property
These are the rights over immaterial property
Examples of such rights are the patent rights (A person is given authority by a state for making and sell of something for a limited time) copyrights or trademark etc as an object of copyright is freedom of expression on his own things
6. Rights in respect of other rights
Particular property which has been given legal protection from interference by anyone is called jus ad rem. A jus ad rem is a right to right.
Example
By a promise of selling a house. The purchaser holds a right to acquire the property. Purchaser finally acquires the property on being actually sold
7. Rights of service
There are rights to services. These rights are created by the contract between the two persons such as master and servant, physician and patient and advocate and client etc. Here the object of this right is use of skills, knowledge, strength
and time etc.
Example
If physician is hired, the hirer gets a right to the use and benefit of his skills and knowledge
6) Conclusion
Legal rights are those rights which have been provided by state or country law. These are enforced by the physical force of the state. These have been classified into different kinds according to their scope by various authors. Such rights can be repealed, modified and changed by the legal system. Such rights empowers to individual for joyous life