Legal Rights

Introduction:
Legal rights are interests which are recognized and protected by law.
They correspond with duties and violation of legal rights becomes
wrongs. The concept of legal rights has been propounded with the help
of duties and wrongs by great many jurists. Legal right is a difficult
concept. Legal right in its strict sense is one which is an assessable claim
enforceable before courts and administrative agencies. A legal right is a
capacity of asserting a secured.

CROSS REFERENCE:
• Article 4 of the constitution of Pakistan 1973 deals with the Right of
individual
o Article 8 to 28 of the constitution of Pakistan 1973 deals with the
Fundamental rights.

Interpretation of the term

a) Literal Meaning:
Literally a right means “That which is correct”
Oxford Dictionary
b) Legal Meaning:
The legal meaning of right is “The power, privilege or immunity
secured to a person by law.”
Black’s Law Dictionary

Definitions:
Rights have variously been defined by as follows:

a) Salmond (1862-1924)

“Legal right is an interest which is recognized as well as protected by rule

of right, respect for which is a duty and disregard of which will be a wrong.”
b) Holland (1835-1926)

“A capacity residing in one man of controlling with the assent and the
assistance of the state, the actions of others.”

c) T.H.Green

“Rights are powers which it is for the general well-being that the
individual should possess.”
d) Kant (1724-1804)

“Authority to compel.”
e) Pollock

“Right is freedom allowed and power conferred by law.”

Theories of Legal Rights

Legal Rights
I
Theories

Totalitarianism Will Interest Social Solidarity

Essentials of a Legal Right

According to Salmond (1862-1924), there are the following five
essentials of a legal right.
• Subject of Right
• Subject of a Legal Duty
• Content of a legal Right
• Object of a Legal Right
• Title of a Legal Right

Explanation of the Essentials of a Legal Right

Following is the explanation to essentials of a legal right.
 ➢ Subject of Right
Subject of a legal right is a person who is the owner of that
right as every right has an owner. Also described as person of
inherence. Owner of a right need not be a determinate person.
➢ Subject of a Legal Duty
It is the person who has to perform a duty in respect of a
legal right. Also known as person of incidence.
➢ Content of a legal Right
Substance or content of a legal right is the thing which is
exercised through that legal right. It may be an act or forbearance on
part of subject of legal duty.
➢ Object of a Legal Right
The thing over which a legal right is exercised. Also called
subject matter of the right.
➢ Title of a Legal Right
It is a fact that proves the validity of a demand of use of a
legal right. It must show how the right is vested in the owner of the
right.

Parties to a Legal Right

According to Austin,

Parties to a right

State/ Sovereign Person on whom Person on whom

right is conferred duty is incurred

Kinds of Legal Right

Following are the kinds of legal rights:

i. Perfect and Imperfect Rights
ii. Positive and Negative Rights
iii. Real and Personal Rights
iv. Right in Rem and Right in Personam
v. Proprietary and Personal Rights
vi. Inheritable and Uninheritable Rights
 vii. Rights in re propria and right in re aliena
viii. Principal and Accessory Rights
ix. Legal and Equitable Right
x. Public and Private Rights
xi. Primary and Secondary Rights
xii. Ordinary and Fundamental Rights
xiii. Vested and Contingent Rights
xiv. Municipal and International Law

Explanation of the Kinds of Legal Rights

1. Perfect and Imperfect Rights
These two rights are comparable and contrasted.
Perfect right:
“A right that is recognized by law and fully enforceable”
(Black’s Law Dictionary)
Imperfect right:
“A right that is recognized by the law but is not enforceable”
(Black’s Law Dictionary)
Examples of Imperfect rights:
• Time Barred Debt
• Claims outside a Courts’ jurisdiction
• Claims against a foreign sovereign
Difference between perfect and imperfect Rights:
• Unlike perfect right, an imperfect right is not enforceable.
• Unlike perfect right, imperfect right doesn’t correspond with a
duty.
• Imperfect right sometimes can turn into a perfect right.

2. Positive and Negative Rights

They can be studied through comparison.
Positive right:
“A right entitling a person to have another to do some act for the
benefit of the person entitled” (Black’s Law Dictionary)
Negative right:
“A right entitling a person to have another refrain from doing an act
that might harm the person entitled.” (Black’s Law Dictionary)
Difference between Negative and Positive Rights:
• Unlike positive rights, negative rights correspond to a duty of
negative nature.
• Unlike positive rights, negative rights are prohibitory in nature.
 • Unlike negative rights, positive rights correspond to a duty of
positive nature.
• Unlike negative rights, positive rights are mandatory in nature.

3. Real and Personal Rights

They pertain to the status of a person.
Real Rights---- Meaning:
“A right that is connected with a thing rather than a person.”
(Black’s Law Dictionary)
Salmond (1862-1924) Remarked:
“A real right corresponds to a duty imposed upon persons in general. All
real rights are negative. A real right is nothing more than a right to be
left alone by others”
Examples:
• Right of possession and use of one’s money
• Right to liberty
• Right to reputation
• Right to use and occupy one’s own house
•
Personal Rights--------- Meaning
“A Right that forms part of a person’s legal status or personal condition,
as opposed to the person’s estate”
(Black’s Law Dictionary)
Salmond (1862-1924) Remarked:
“A personal right corresponds to a duty imposed upon determinate
(person) individuals. Most personal rights are positive with few
exceptions.”
Example:
• Right to receive money from one who owes.
• Right to accommodation in some hotel.
• Right to receive compensation in case of a harm inflicted by
someone.
Difference between Real and personal Rights:
• Unlike real rights, personal rights are generally positive rights
• Unlike real rights, personal rights are available only against a
particular person.
• Unlike real rights, a personal right prevails against a determinate
person or persons.
• Unlike personal rights, real rights are right in rem
• Unlike personal rights’ real rights are negative rights.
 • Unlike personal right, real rights are available against the whole
world

4. Right in Rem and Right in Personam

They are distinguished according to their subject of duty.
Right in rem----Meaning:
“A right exercisable against the world at large”
(Black’s Law Dictionary)
Examples: -
• Right of ownership
• Right of possession
• Right of reputation
Right in Personam-----Meaning:
“An interest protected solely against specific individuals”
(Black’s Law Dictionary)
Examples: -
• Right to receive payment of debt
• Right to enforce a contract
• Right to claim compensation for damages

Difference between Right in rem and right in personam

• Unlike right in rem, right in personam is available against a
determinate person or body of persons.
• Unlike right in personam, right in rem is available against the
whole world.
• Unlike in rem, right in personam are usually positive with few
exceptions
• Unlike right in rem, right in personam usually arise out of
contracts
• Unlike right in rem, right in personam also arise out of status.

5. Proprietary and Personal Rights

These are distinguished on basis of their evaluation

Meaning of Proprietary rights: -

“A right that is part of a person’s estate, assets or property, as opposed
to a right arising from the person’s legal status”
(Black’s Law Dictionary)
 Example:
• Right to one’s estate
• Right to Good will
• Right to one’s assets
• Right to patent etc.
• Right to one’s property.

Meaning of Personal rights: -

“A right that forms part of a person’s legal status or personal condition”
(Black’s Law Dictionary)
Examples: -
• Right to family life.
Difference between Proprietary and personal rights: -
• Unlike personal rights, proprietary have some economic or
monetary value
• Unlike proprietary right, personal rights do not have economics or
monetary value.
• Unlike personal rights, proprietary rights are not concerned with
legal status of person.
• Unlike personal rights, proprietary rights are concerned / form
part of a person’s estate, assets.

6. Inheritable and Uninheritable Rights

They are distinguishable on basis of being transferable or not.
Inheritable Rights-------- Meaning:
“A right is inheritable if it survives its owner.”
(Black’s Law Dictionary)
Example:
An example of inheritable rights is proprietary rights. Even if the
owner dies, they are transferred to the owner.

Uninheritable Rights------- Meaning:

“A right that cannot be transferable or surrendered”
(Black’s Law Dictionary)

Explanation:
Also known as inherent rights. They are rights which can’t be exercised
by anyone except the original owner e.g. personal rights.
Difference between Inheritable and Uninheritable Rights:
 • Unlike inheritable rights, Uninheritable rights can’t be
transferred.
• Unlike inheritable rights, Uninheritable rights are personal rights.
• Unlike Uninheritable rights, inheritable rights are transferable.
• Unlike Uninheritable rights, inheritable rights are proprietary
rights.

7. Principal and Accessory Rights

They are distinguished by their natures.
Principal Rights-------- Meaning:
“A right to which has been added a supplementary right in the same
owner”.
(Black’s Law Dictionary)
Example:
• Right to own
Accessory Rights-------- Meaning:
“A supplementary right that has been added to the main right that is
vested in some owner.” (Black’s Law Dictionary)
Example:
• A right in a security is accessory to the right that is secured
• Servitude is accessory to the ownership of land for whose benefit
the servitude exists.
Difference between Principal and Accessory Rights:
• Unlike accessory rights, principal right is the main right.
• Unlike principal right, accessory right is a supplementary right.

8. Primary and Secondary Rights

They are distinguishable according to their prescription.
Primary Rights:
“A right prescribed by the substantive law such as right not to be
defamed or assaulted” (Black’s Law Dictionary)

Secondary Rights:
“A right prescribed by procedural law to enforce a substantive right.”
(Black’s Law Dictionary)

Example:
• Right to damages for a breach of contract
Difference between Primary and Secondary Right:
• Primary Right is the original right.
 • Primary Right prescribed by substantive law.
• Unlike primary right, secondary right is an additional right.
• Secondary right is used to enforce a primary right.
• Unlike primary right, secondary right is prescribed by procedural
law.
9. Public and Private Rights
They differ in nature.
Public Right:
“A right belonging to all citizens and usually vested in and exercised by a
public officer or political entity”
(Black’s Law Dictionary)
Private Right:
“A personal right, as opposed to a right of the public or the state.”
Difference between Private and Public Right:
• Unlike private right, a public right is possessed by every member
of the public.
• Unlike public right, private right is possessed by individuals.
• Unlike private right, public right has one party which is state and
the other private person.
• Private rights are of an infinite variety, and by individuals who
happen to own certain property.

10.Vested and Contingent Rights

It means what right is complete and what is not.
Contingent Right:
“A right that depends on an uncertain event; a right that may or may not
exist” (Black’s Law Dictionary)
Vested Right:
“A right that so completely and definitely belongs to a person that it
can’t impaired or taken away without the person’s consent”
(Black’s Law Dictionary)
Difference between Vested and Contingent Right:
• Unlike contingent right, vested rights are complete.
• Unlike contingent right, vested rights are not dependent on an
uncertain event.
• Unlike contingent rights, vested rights can’t be taken away.
• Unlike vested rights, contingent rights may or may not exist.

11.Municipal and International Rights

They are different in their sources.
 Municipal Right:
• Municipal rights are conferred by the law of a country.
• All municipal rights are enjoyed by an individual in a country.
International Rights:
• International Rights are conferred by International Law.
• The subjects of international Law are the persons recognized as
such by International Law

Conclusion
Thus, right is and interest recognized and protected by rule of
right. It has a corresponding duty the breach of which is a wrong. A legal
right is vested in a person, it avails against a person, it relates to
something, is based on some title and obliges the person bound to act or
omission in favor of the person entitled.