Topics Covered in this Article: Legal Right

Legal Right
Examples of Legal right
Essentials/Characteristics of Legal Right
Definition given by various jurists
40 Kinds of legal rights
Theories

What is Legal Right:

A legal right is an interest recognized and protected by law.
It allows an individual to do or possess something with legal backing.
the law ensures protection and enforcement of that right.
A legal right is always correlated with a legal duty, meaning if one person has a legal right, another person has a corresponding duty to resacpect it.

Definition of Legal Right given by different Jurists:

Austin: A party has a right when another or others are bound or obliged by law to do or forbear towards or in regards to him.
Salmond: right is an interest recognized and protected by a rule of legal justice.
Roscoe Pound: right is a legally recognized and delimited interest which is secured by law.
Gray: defined rights as the means by which the enjoyment of interests secured.
Holland: a right is a capacity in one man of controlling, with the consent or assistance of the State, the actions of others.
Duguit: “Only Right a person has is to always do his duty.”

Example:

Right to File a lawsuit
Right to Health
Right to Education (6-14)
Right to Information (not absolute)
Right to Marry (conditional not absolute)
Right to Claim Damages
Right to Defend oneself
Right to Privacy
Right to Use public roads & park
Right to strike

Etc.

Examples which are not legal right:

Right to Basic Needs
Right to Job or Employment
Right to Reservation in Jobs or Education (it’s a policy)

“Ajit Singh v. State of Punjab (1999), the Supreme Court held that reservation is not a fundamental or legal right but a matter of policy.”

Right to Justice within a Fixed Time Frame
Right to Promotion in Job
Right to Privacy at public places

Etc.

Essentials of Legal Right:

(i) The person of inherence

The Person of Inherence in jurisprudence refers to the person who holds the right or the person in whom the right vests. In other words, the right-holder or beneficiary of the right is known as the person of inherence.

Example:

In a contract of sale, if A sells a car to B, then:
B (the buyer) is the Person of Inherence because the right to receive the car vests in him.
A (the seller) is under a duty to deliver the car.

Key Points:

The Person of Inherence is always the person who enjoys the right.
He is also known as the Subject of Right.
Without the Person of Inherence, there can be no legal right.

(ii) The person of incidence (Subject of duty)

The Person of Incidence, also known as the Subject of Duty, is the person against whom the legal right exists or the person who has a duty to perform or forbear from doing something in favor of the Person of Inherence (right-holder).

In simple words:

The Person of Incidence is the one who is legally bound to respect the right of another person (Person of Inherence).
This person has a corresponding duty to either perform an act or abstain from doing an act in favor of the right-holder.

Example:

Contract of Sale:

A sells a car to B.
B (Buyer) = Person of Inherence (Right-holder) → Has the right to receive the car.
A (Seller) = Person of Incidence (Subject of Duty) → Has a duty to deliver the car.
Right to Maintenance:

Husband is legally bound to provide maintenance to his wife.
Wife = Person of Inherence (Right-holder) → Has the right to receive maintenance.
Husband = Person of Incidence (Subject of Duty) → Has a legal duty to provide maintenance.

(iii) The content of the right (Subject Matter)

Example: Property: sell, purchase etc.

The content of the right refers to the act or forbearance (refraining from doing something) which the person of incidence (duty bearer) is legally obligated to perform or abstain from.

(i) In a property sale, the content of the right is the delivery of property from seller to buyer.

(ii) In a maintenance case, the content of the right is the payment of maintenance by the husband to the wife.

(iv) The object of the right

The Object of the Right refers to the thing, property, or person over which the right is exercised or against which the duty is imposed. In other words, it is the subject matter upon which the legal right exists.

It is the thing on which the Person of Inherence (Right-holder) has a claim and the Person of Incidence (Duty-bearer) has an obligation.

It may be a tangible (like property, car, money) or intangible (like reputation, goodwill, patent) object.

Examples:

1. Right to Property:

A sells a car to B.
The car is the object of the right.
B has the right over the car, and A has a duty to deliver the car.
Hence, the car is the object of the right.

2. Right to Maintenance:

A wife has the right to receive maintenance from her husband.
The money (maintenance amount) is the object of the right.

3. Right to Reputation (Defamation):

If A defames B, B has the right to reputation.
The reputation of B is the object of the right.
A has a duty not to harm B’s reputation.

(v) The title of the right

The Title of the Right refers to the legal justification or basis by which the Person of Inherence (right-holder) acquires a legal right over an object. In other words, it is the source, event, or legal document that grants the person a legal right.

It answers the question:
“How did the person acquire the legal right?”
The title may arise from:
Law (Statute) → Example: Legal heir inherits property under Hindu Succession Act.
Contract/Agreement → Example: Buyer gets ownership after a sale agreement.
Custom → Example: Rights acquired through long-established custom.
Judgment → Example: Ownership declared by a court order.

Kinds of Legal Right

(i) Perfect and (ii) imperfect rights
(iii) Positive and (iv) negative rights
(v) Rights in rem and (vi) rights in personam
(vii) Personal rights and (viii) proprietary rights
(ix) Rights in re propria and (x) Rights in re aliena
(xi) Primary and (xii) secondary rights
(xiii) Principal and (xiv) Accessory rights
(xv) Vested and (xvi) Contingent rights
(xvii) Private and (xviii) Public rights
(xix) Legal and (xx) Equitable rights
(xxi) Municipal and (xxii) International rights
(xxiii) Fundamental and (xxiv) Ordinary rights
(xxv) Statutory and (xxvi) Customary rights
(xxvii) Rights in rest and (xxviii) rights in motion
(xxix) Real and (xxx) personal rights

(i) Natural Right
(ii) Moral Right
(iii) Legal Right/Statutory Right
(iv) Constitutional Right
(v) Fundamental Right
(vi) Human Right
(vii) Political Right
(viii) Economic Right
(ix) Civil Right

Perfect & Imperfect Rights

(i) Perfect and (ii) imperfect rights
Perfect: Recongnized by law & can be enforced in court of law, imperfect – Recongnized by law but cannot be enforced in court of law.
Imperfect right: Does not provide legal protection to the holder.

Example:

Right to Property: If someone takes your property unlawfully, you can file a case to recover it.

Time-barred Debt: If a person has a right to claim money, but the limitation period has expired, the right becomes imperfect. Moral Rights, Voluntary waiver.

Positive & Negative Right

(iii) Positive and (iv) negative rights

These rights impose a positive obligation on the state to do something for the individual.
These rights impose a negative obligation on the state to not do something that would violate individual freedom.
Positive examples: Right to education, Right to health.
Negative examples: Right to Property, not arresting without legal authority etc.

Right in Rem & Right in personam

Rights in Rem are those rights which are available against the whole world. It means the right-holder can enforce his right against anyone who violates it.
Rights in Personam are those rights which are available only against a specific person. It means the right-holder can enforce his right only against a particular person.
These rights are absolute in nature.
These rights are relative in nature.
Examples: Right in Rem: Defamation, Trespass, nuisance etc. , Right to life, Right to Property etc.

Examples: Right in Personam: Contract Law: Right to claim money, Tort laws (damages)

Personal Rights and Proprietary Rights

(vii) Personal rights and (viii) proprietary rights

Personal Rights are those rights which relate to a person’s status, reputation, dignity, and relationships. They protect a person’s personal freedom, liberty, and family relations.

Proprietary Rights are those rights which relate to a person’s property, assets, or wealth. They protect a person’s ownership, possession, or economic interest over a property.

Personal : No monetary value, Proprietary: Monetary value

Examples: Right to life, Right to freedom of speech, Right to reputation etc.

Examples: Right to property, IPR, property law, contract law, IPR etc. Patent, Trademark

Right in re propria & Right in re aliena

(ix) Rights in re propria and (x) Rights in re aliena

Jus in Re Propria → “Right in one’s own property.”

Jus in Re Aliena → “Right in another’s property.”

Rights in Re Propria are those rights in which a person has absolute ownership and full control over their own property.

Rights in Re Aliena are those rights in which a person has limited or partial rights over another person’s property.

Examples: – Right to Ownership: Owning a house, land, or car with full rights.

Examples: Easement Right, Mortgage Right, Lease Right

Primary & Secondary Rights

(xi) Primary and (xii) secondary right

These rights exist from the beginning and do not depend on any wrongdoing.

These rights arise only after the violation of primary rights.

No breach of law or duty is required for primary rights to exist.

Right to life, property etc.

Right to Injunction, Right to compensation, Right to sue

Can be transferred, sold, or inherited (in case of property rights).

Principal & Accessory Rights:

(xiii) Principal and (xiv) Accessory rights

These rights are independent and can exist without any supporting rights.

These rights are dependent and exist only when there is a Principal Right.

– Right to Ownership of land.

– Right to Rent (Lease) arising from Ownership.

– Right to Marriage (Principal Right).

– Right to Maintenance (Accessory to Marriage).

– Ownership of Property (Principal Right).

– Right to Lease (Accessory to Ownership).

Vested and Contingent Rights

(xv) Vested and (xvi) Contingent rights

Vestire Jus → Right is vested.

Contingens Jus → Right depends on a contingency (future event).

Vested Rights are those rights that are complete, absolute, and enforceable immediately without depending on any future event.

Contingent Rights are those rights that depend on the happening or non-happening of a future uncertain event. Until the event happens, the right is not enforceable.

No condition is attached. Right arises only if a future condition occurs.

– A owns a property by inheritance.

– A will inherit property if B dies without a will.

Private & Public Rights

(xvii) Private and (xviii) Public rights

Private Rights are those rights that are enjoyed by individuals or specific groups for their personal benefit or interest

Public Rights are those rights that are enjoyed by all individuals in a society/state for the general welfare of the public.

Enforced by individuals through civil courts. Enforced by the state/government through public institutions.

Examples: Right to Property, Right to contract, Right to Privacty

– Right to clean environment, Right to Public Safety, Right to use Public Roads,Criminal Law, Constitutional Law, Administrative Law

Legal & Equitable Rights

(xix) Legal and (xx) Equitable rights

Legal Rights are those rights that are recognized, created, and enforced by the law of the land (Statutory Law, Common Law, or Civil Law).

Equitable Rights are rights that arise from principles of equity, justice, and good conscience, even if they are not strictly recognized by law.

Originates from the Principles of Equity, Natural Justice, and Good Conscience.

Based on the letter of the law (Statutory law or Common law).

Flexible: Courts can apply fairness even if the law is silent.

– Doctrine of Unjust Enrichment

– Constructive Trusts, – Doctrine of Equity

Municipal and International rights

(xxi) Municipal and (xxii) International rights

Municipal Rights are those rights that are granted, recognized, and enforced within the territory of a particular country by its domestic laws.

International Rights are those rights that are granted, recognized, and enforced at the global level under international laws or treaties.

Governed by the domestic law of the country such as Constitution, IPC, CPC, TPA, etc.

Governed by international treaties, conventions, and customary international laws.

Enjoyed by citizens, residents, or entities within the country.

Enjoyed by nations, states, countries, and international bodies.

-Right to sovereignty.

Fundamental & Ordinary Rights

(xxiii) Fundamental and (xxiv) Ordinary rights

Fundamental Rights are the basic and essential rights guaranteed to individuals by the Constitution of a country

Constitution of India (Part III, Article 12-35) provides Fundamental Rights.

Statutory Law, Civil Law, Contract Law, etc. provide Ordinary Rights.

Maneka Gandhi v. Union of India (1978) – Fundamental Rights cannot be violated without following due process of law.

Balfour v. Balfour (1919) – Ordinary rights like contractual rights can be enforced through regular courts.

Statutory Right & Customary Rights

(xxv) Statutory and (xxvi) Customary rights

Statutory Rights are rights conferred, created, or recognized by any statute (law) passed by the Legislature (Parliament or State Legislature).

Customary Rights are rights that arise from long-standing customs, traditions, or usage accepted by society and recognized by the courts.

Marriage customs (Saptapadi, Dowry, etc.).

Right of way (Easementary Rights).

Right to perform religious rituals.

Rights in rest & Rights in motion

(xxvii) Rights in rest and (xxviii) rights in motion

Static & dynamic rights

Rights in Rest are those rights that already exist in a person and do not require any future action to enjoy them.

Rights in Motion are those rights that arise when a person takes an action or initiates a process to enforce or protect their rights. * they require an act of enforcement or legal action.

– Right to Property (A person owning property without disturbance) vs – Right to Sue for Property (When property is taken away, the owner must act to reclaim it).

– Right to Reputation (Until it is defamed) vs – Right to File Defamation Suit (When reputation is defamed).

Real vs Personal Rights

(xxix) Real and (xxx) personal rights
Real Rights are rights that a person has against the whole world (general public) regarding a specific property or object.
Personal Rights are rights that a person has against a specific individual or group, arising from a contract, agreement, or obligation.
Known as Jus in rem (Right in a thing).
Known as Jus in personam (Right against a person).