Kinds of legal rights
What is a legal right? What are the kinds of rights?
1)Introduction
The main object of the state is the provision of rights to citizens and the protection of such rights. There can be no duty without a right. 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 Such rights can be repealed, modified and changed by the legal system and such rights empower individuals to a joyful life
2) Definition of legal right
Legal rights are those rights which are common interests of people of civilized society which are
recognized and enforceable by law
3) Kinds of legal rights
Following are the kinds of legal rights. Details are as under.
1. Perfect right
perfect rights are those legally recognized rights which are enforceable by law
Example
As a valid contract is specially enforceable through the court of law
2. Imperfect right
Imperfect rights are recognized by law but are not enforceable by law due to
some restrictions
Example
Imperfect right is if a creditor releases a debtor of his debts, either completely
or partially.
3. Positive rights
A Positive right are such rights which are related to positive duty and a person is
bound to do positive action
Example
If A borrows money from B it is the right of B, that B give back money to A
4. Negative rights
Negative rights are such rights which are related to negative duty and a person is
bound not to do a certain action.
Example
A prime example of this type of negative right is the fight against the government on
the seizure of property without due process of law
5. Real rights
Real rights are those rights which are related to things rather than a person such
as ownership of a property, right of use of property etc
Example
I have a real right to sell or purchase the property as it is my real right against the
whole world.
6. Personal rights
Personal rights are those rights which are related to a person’s rights such as his
right of life, right of personal liberty, and right of religious liberty etc.
Example
I have a personal right to liberty, freedom of speech, freedom of business etc
7. Rights in rem
The word Rem is derived from the Roman term “Actio in Rem”
Right in rem is such a right where an owner of the property has the right to use his
property without any hesitation
8. Rights in Personam
The word Personam is derived from the Roman term “Actio in personam”
Right in personam is such a right where a specific person is entitled to some
rights such as action, judgment etc
Example
Under a contract, both of parties are entitled to some rights and both are
bound by the contract’s terms and conditions
9. Proprietary right
Proprietary rights are those rights which are related to a person’s rights upon
touchable things such as right upon the house, his right upon money or other physical
things
Example
The right of house, right of money or other physical things
10. Inheritable rights
Inheritable rights are those rights which can be transferred to heirs such as
transfer of property, transfer of debts after the death of a person
Example
A dies leaves his property behind him his legal heirs become owners of such
property. This is an inheritable right
11. Non-heritable rights
Non-heritable rights are those rights which cannot be transferred to heirs after the
death of a person and these rights finished with the death of the person
Example
Sakib has the right to live, the right to perform religious duties, the right to speak etc. These
rights will be abolished automatically after his death and these are non-
inheritable rights
12. Rights in re-propria
Right in re propria is such a right where a person has a right of full ownership upon
a property and this term shows that the owner has complete rights to a property
Example
The owner of a property has full right in re propria over it
13. Rights in Re-Aliena
Rights in re aliena are such rights where a person has a right to use the property of
another person
Example
My right of way across the land of another person is a right of re aliena
14. Principle and accessory rights
A principal right is such a right which is not subordinate to any other right and it
stands by itself,
Accessory rights such as rights which is subordinate to other rights and have a
beneficial effect on the principal rights
Example
A owes money to B. and he executes a mortgage deed in
favour of B. The debt is the principal right and the security in the form of a mortgage
is the accessory right
15. Legal rights
Legal rights are those rights which have been recognized by a court of law such as
right to vote etc
16. Equitable rights
Equitable rights are those rights which have been recognized by the Court of
equity
17. Primary rights
Primary rights are those rights which have been recognized by the Supreme Court
that all rights which are vested in people are legal and fair
Example
Right of reputation, right of life etc
18. Secondary rights
Secondary rights are those rights which are imposed on offenders at that time
when an offender violates the primary rights of another person
Example
I have a personal right to receive compensation from any individual who is any
way harms me
19. Public rights
Public rights is such rights which is possessed by every member of the public. It is
between a state and the individual e.g. right to vote etc
20. Private rights
Private rights are such rights which are between individuals. It is concerned only
with the individual e.g. contract entered by two individuals.
21. Vested rights
Vested rights are those rights which have been provided to a person as property
rights which cannot be taken away without the willingness of the owner.
Example
If a valid deed of transfer is executed by A in favour of B B acquires a vested right
22. Contingent rights
Contingent rights dependent upon the possible occurrence of a future
happening, the happening of which is not guaranteed that it may happen or
not.
Example
A executes a deed in favor of B according to which he is entitled to the possession
of certain property when he attains the age of 21, the right is contingent
and it will be vested only when he attains the age of 21
23. Servient right
Servient right is such right when a person serves his right of way upon another’s
land.
24. Dominant rights
And dominant right is such right the person whose land is being used by other
a person is called the dominant right
Example
X as the owner of a certain house has a right of way over the land of Y, his
neighbor. The house of X is the dominant heritage and Y is the dominant owner.
25. Municipal rights
Municipal rights are those rights which have been provided by the law of a
country. The individual enjoys these rights living in a country
26. International rights
International rights are those rights which have been provided by
international law. These rights have been internationally recognized.
27. Rights at rest
Rights at rest are those rights which are completely connected with the person and
these are permanent rights
28. Rights in motion
Rights in motion are those rights which may connected or disconnected with
a person from time to time. Due to this doubt, these are called rights in motion
29. Ordinary rights
Ordinary rights are those rights which have not been guaranteed by the
constitution
30. Fundamental rights
Fundamental rights are those rights guaranteed by the Constitution such
as the right to life, liberty etc.
31. Jus and rem
Jus ad rem is a legal protection of the property from interference by anyone is
called jus ad rem. A jus ad rem is a right to right.
Example
If A sells his property to B, B acquires rights against A to have the house
transferred to himself
4) 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 empower an individual to a joyous life