Introduction

The law protects the legal right of every citizen. By being a citizen of the
country, the people are given the legal right. It is the duty of every individual
to protect the rights of each individual.

Meaning
In general word, it means that the action which is permitted by the law is called
legal right or the act which is recognized or protected by the state is called
legal right. The definition is given by the number of jurists like Holland, Austin,
Pollock.

According to Salmond:

A legal right is an “interest which is protected and recognized by the rule of

law. It is an interest which has its duty and disregard of which is wrong”.

According to Gray:

A legal right is “that power which the man has, to make a person or persons
to do or restrains from doing a certain act or acts so far as the power arises
from society imposing a legal duty upon the person or persons. He states that
the “right is not the interest itself, it is the means to enjoy the interest
secured”.

In the case of State of Rajasthan vs Union of India[1], the Supreme Court

stated that “Legal rights in the strict sense are correlatives of legal duties and
legal rights are defined as the interests which the law protects by imposing
duties on other persons. But the legal right in the strict sense means right is
the immunity from the legal power of another. Immunity is no subjection at
all”.

Essential conditions of legal right

According to Salmond, there are five essential conditions that need to be
fulfilled:

• The person of inheritance/ Subject of right:

He shall be the person who is the owner of the right. He is the subject of the
legal right. Such a person is called a person of inheritance. Example:-Y
purchase a van for Rs 20,000. Here Y is the subject of the right.
Even in the case when the property is bequest to the unborn child, the unborn
child is the owner of the property even though he is uncertain.

• The subject of duty/ the person of incidence:

It is the duty of another person or persons to respect and recognize the right
of the person. Such a person who has a legal duty is called a person of
incidence. Example- If A has a legal right against B, then it is the duty of B to
respect the right of A.

• Contents or Subject Matter of legal right:

The subject matter of legal right is an essential element. It deals with the
subject matter of the legal right. It is related to do something or to refrain
from doing certain acts or forbearance. It obligates the person to forbear or
act in favour of the person possessing a legal right. Example-Y purchase a van
for Rs 20,000. Here Y is the subject of the right. The subject matter ( Y) has a
legal right and he can exclude others.

• The object of the legal right:

The object of the legal rights is a thing or object over which the legal right is
exercised. Example- A purchases the car for Rs 1,00,000. Here the car is the
object.

• Title of the legal right:

The title is the process by which the right is vested or conferred on the person.
It is certain events by which right is acquired from its previous owner.
Example- By purchase or gift or will etc.

Theories Related To The Legal Right

•Interest Theory
Developed by: Rudolf Von Jhering

Rudolf Von Jhering stated that Legal right is the legally protected interest. He
gave importance to the interest of the people rather than the will of the people.
The main objective is to protect the interests of the people and to avoid the
conflict between the individual interest.

Their interest exists in the life of the community itself. They are not created
by any statute.

Salmond positive view:

He supported this theory but he stated that its enforceability is an essential
condition.

Salmond criticism:

He criticized the interest theory on the ground that the interest is not protected
by the state. In order to confer a legal right, it is essential that interest should
be protected and recognized by the state.

Gray view:

He said that this theory is partially correct because a legal right is not an
interest in itself but it is only meant to protect the interests of an individual.
He also stated that legal rights confer the right on the person to do a certain
act / to forbear by imposing a legal duty on them through the agency of law
“state”.

Dr Allen view:

It can be said that both the theories are not contradictory to each other but it
is the combination of both the theories. He tried to combine these two theories
by pointing out that the essence of legal right seems to be, not legally
guaranteed power by itself nor legally protected by itself, but the legally
guaranteed power to realise an interest. It can be concluded that both
theories are the essential ingredients of the legal right.

• Will theory
Supported by: Kant, Hegel, Hume

According to his theory “rights is an inherent attribute of the human will”. The
purpose of the law is to permit the expression of free will. The subject matter
is derived from the human will.

Rights are defined in the terms of will by Austin, Pollock and Holland. According
to John Locke, “the basis of the right is the will of the individual”. According to
Puchta the legal rights gives power to the person over the object which by
means of right can be subjected to the will of the person who is enjoying the
right.

Criticized by: Duguit

According to him the basis of the law is not a subjective will but it is an
objective will. The purpose of the law is to protect only those acts which further
support social solidarity. He further stated that the theory of subjective right
is a metaphysical abstraction.
Classification of Legal Right

Right in rem and Right in Persona

The right in rem is the right available against society at large. For Example:-
a crime committed under I.P.C because it is a crime committed against the
state.

Right in Persona means right that is available against an individual. Example

breach of Contract. When there is a breach of contract, the party who has
performed the act files the suit against the breaching party. Right in Persona
is temporary in nature, which can be converted into right in rem. Right in rem
is a permanent in nature.

Positive Rights and Negative Rights

A positive right is a right when some action needs to be done by the person
who has the corresponding duty. The person on whom the duty lies must
perform some positive acts.

The negative rights are the rights which omit the person from performing
certain acts. Negative rights correspond to negative duty. The person on whom
such duty is imposed is restrained from performing certain acts.

Personal and Proprietary Rights

Personal rights are the right to respect the owner of the right. The personal
right has no economic value and this right is related to personal status or well
being. Example the right to live with dignity, the right to freedom of speech
and expression.

The proprietary right is given in respect of the owner of the property. These
rights are rights which has some monetary value or economic value and
constitute the estate of the person. Example-patent rights, right to land, debt
etc.

Perfect and Imperfect right

Perfect rights are protected and recognized by law and the suit can be
instituted in the court against the wrongdoer for the breach of it. Example: A
has taken the loan from B. B has the duty to pay the loan and A has the perfect
right to claim the loan amount. If B fails to pay then A has the right to file the
suit in the court.

Imperfect rights are those rights which are neither recognized nor protected
by law. Example: if the loan becomes time-barred, then he can claim his
money back but it cannot be enforced by law.

Principal and Accessory Rights

The principal right is the most important rights. They are the basic right that
is vested on an individual.

The accessory right is the consequential or incidental right. They are not
important but they are ostensible to basic right.

Right in Re-aliens and Right in Re-propria

Right in Re-aliena is the right available against the property of another
person. Example- The right of easement. It is the result of jurisprudence
concept of dominant heritage and servient heritage.

Right in Re-Propria is the right available in respect of one’s own property. It

results in absolute ownership. This is the result of jurisprudence concept of
ownership.

Corporeal and Incorporeal right

Both the rights are protected by law. The corporeal right is the rights over
tangible objects or material objects. Corporeal rights are having the rights over
the objects which can be seen, touch or perceived. Example: I purchase the
watch. The watch has physical existence so I have a corporeal right over it.

The incorporeal right is the right over the object which cannot be seen or
touched. Example right to reputation.

Legal and Equitable Right

Legal rights are protected by the common law i.e Court of England. Common
law depends upon the usage and custom.

Equitable rights are protected by the equity court or the court of chancellor.
The basic principle is natural justice, equity, justice and good conscience.

Primary and Sanctioning Rights

The primary right is important and is a very basic right. These rights are ipso
facto. These rights are independent in nature. It has a binding force. They are
right in rem. Example: the right to reputation. If these rights are infringed in
such case a person can approach the Courts of Law. A legal remedy is available
against such right in the form of compensation or imposing a penalty or
imprisonment.

Sanctioning rights are resultant rights. They are supporting rights to primary
rights. They are right in persona, which results from some wrongdoing.
Example: it arises when there is an infringement of primary rights.

Public and Private Rights

The public right is the right that is exercised by the State. Example- right to
vote, right to use road etc. The private right is exercised by an individual for
his personal benefit. Example:- right to sleep, right to clean water.

Vested and Contingent Rights

A vested right is a right which is vested on the person from the very beginning.
No events are required to take place for conferring the rights of an individual.
It depends on the present situation.

Contingent rights are rights which are conferred on the happening or non-
happening of certain acts. This right depends upon future acts. If the act which
is prescribed take place then only the right will be conferred on the person.

How Legal Right is Enforced

Ubi jus ibi remedium which means where there is a right there is a remedy. If
the person’s right is violated that can be approached to the court. They can
get relief in the form of compensation. When the compensation does not satisfy
the claim of the plaintiff then the court may order for the specific performance
of the Contract. It is governed by the Specific Relief Act.

Duties
When the right is given to the person then it is assumed that certain duties
are also imposed on the person. The right has its correlative duties. There are
two kinds of duties when it is the obligation of the person to perform his duty
when he has a legal duty but in case of moral duty he has no obligation. It is
on the discretion of an individual. The duties are classified into absolute and
relative duty, positive and negative duty and primary and secondary duty.

Let us study the concept of duty through the ppt.

Conclusion
We can conclude that rights and duties are co-existent. In the words of
Salmond, it can be said that no right exists without the corresponding duty.
Every duty of the person must be the duty towards some person, in whom the
right is vested and conversely every right must be against some persons upon
whom a duty is imposed.

References
1. 1978 SCR (1)1
2. http://www.desikanoon.co.in/2012/08/jurisprudence-notes-legal-
concepts.html
3. https://www.lawnotes.in/Legal_Duty