Legal Rights

1)  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

2)  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

Ø   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

Ø   Example

·  Imperfect right is if a creditor releasing 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 person is bound to do positive action

Ø   Example

·  If A borrows money from B. it is the right of B, that B gave back money to A

4.  Negative rights

·  Negative rights are such rights which are related to negative duty and person is bound not to do a certain action.

Ø   Example

·  A prime example of this type of negative right is the fight against government on 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

Ø   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 person’s right such as his right of life, right of personal liberty, and right of religious liberty etc.

Ø   Example

·  I have a personal right of liberty ,freedom of speech , freedom of business etc

7.  Rights in rem

·  The word Rem is derived from Roman term “Actio in Rem”

·  Right in rem is such right where an owner of the property has right to use his property without any hesitation

8.  Rights in Personam

·  The word Personam is derived from Roman term “Actio in Personam”

·  Right in personam is such right where a specific person is entitled with some rights such as action, judgment etc

Ø   Example

·  Under a contract both of the parties are entitled with some rights and both are bound by contract’s terms and conditions

9.  Proprietary right

·  Proprietary rights are those rights which are related to person’s rights upon touchable thing such as right upon house, his right upon money or other physical things

Ø   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

Ø   Example

·  A dies leaves his property behind him his legal heirs become owner of such property. This is an inheritable right

11.  Non-heritable rights

·  Non heritable rights are those rights which cannot be transfer to heirs after the death of a person and these rights finished with the death of the person

Ø   Example

·  Sakib has right to live, right to perform religion duties, right to speak etc. These rights will be abolished automatically after his death and these are noninheritable rights

12.  Rights in re-propria

·  Right in re propria is such right where a person has a right of full ownership upon a property and this term shows that owner has complete rights upon a property

Ø   Example

·  The owner of a property has full right in re propria over it

13.  Rights in Re-Aliena

·  Rights in re aliena is such right where a person has a right of use of property of other person

Ø   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 right which is not subordinate of any other right and it stands by itself,

·  Accessory right is such right which is subordinate of other rights and they have a beneficial effect on the principle rights

Ø   Example

·  A owes (Udhar dena) money to B. and he executes a mortgage (Girvi) deed in favor of B. The debt is the principle right and the security in the form of mortgage is the accessory right

15.  Legal rights

·  Legal rights are those rights which has been recognized by court of law such as right of vote etc

16.  Equitable rights

·  Equitable rights are those rights which has 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

Ø   Example

·  Right of reputation ,right of life etc

18.  Secondary rights

·  Secondary rights are those rights which are imposed on offender at that time when offender violates primary rights of other person

Ø   Example

·  I have a personal right to receive compensation from any individual who is any way harms me

19.  Public rights

·  Public right 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 right are those rights which has been provided to a person as a property rights which cannot be taken away without the willingness of the owner.

Ø   Example

·  If a valid deed of transfer is executed by A in favor 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 happens or not.

Ø   Example

·  A executes a deed in favor of B. according to which he entitles to the possession of certain property when he attains the age of 21 , the rights is contingent right 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 other’s land.

24.  Dominant rights

·  And dominant right is such right the person whose land is being used by other person is called dominant right

Ø   Example

·  X as the owner of 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. And individual enjoys these rights living in a country

26.  International rights

·  International rights are those rights which have been provided by the international law. And these rights have been internationally recognized.

27.  Rights at rest

·  Rights at rest are those rights which are completely connected with person and these are permanent rights

28.  Rights in motion

·  Rights in motion are those rights which may connected or disconnected with person time to time. Due to this doubt these are called rights in motion

29.  Ordinary rights

·  Ordinary rights are those rights which has not been guaranteed by the constitution

30.  Fundamental rights

·  Fundamental rights are those rights which guaranteed by the constitution such as right of 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.

Ø   Example

·  If A sell his property to B ,B acquires a rights against A. to have the house transferred to himself