INTRODUCTION
A legal right is a difficult concept. Legal ownership, in its strict sense, is an assessable claim enforceable before courts and administrative agencies. A legal right is a capacity to assert a secured interest rather than a lawsuit that could be stated in the Courts, and it includes not only rights conferred by statute but also those which may be claimed independently of any statute.
DEFINITION OF LEGAL RIGHT
A legal right is a man has the power to make a person or persons do or refrain from doing a particular act or specific acts, so far as the energy arises from society imposing a legal duty upon a person or persons.”
ELEMENTS OF LEGAL RIGHT
Elements of Legal rights are of three classes;
A. The protection afforded by the state
B. Elements of human will
C. Elements of interest
CHARACTERISTICS OF LEGAL RIGHTS
Every legal right has five essentials/characteristics, which are as follows:
1. OWNER OF THE RIGHT:
There must be an owner of the right. The right is vested in a person who may be distinguished as the owner of the request. He is the subject of legal rights. He is a person in whom the right has been vested. The owner of the right is called a person of inherence.
2. ALWAYS AGAINST ANOTHER PERSON:
It avails against a person upon whom lies the co-relative duty. He may be distinguished as the person bound, the subject of the task, or the person of incidence.
3. THE CONTENT OF THE RIGHT:
There must be content of the right that is something to the act or omission relates that is the subject of the right or an act or omission which is obligatory on the person bound in favour of the person entitled. This may be termed as the content or substance of the right.
4. SUBJECT MATTER OF THE RIGHT:
Actor omission relates to something which may be termed the object or subject matter of the right.
5. TITLE TO RIGHT:
The owner must have a title with specific facts or events because the right has become vested in the owner.
CLASSIFICATION OF LEGAL RIGHTS
The classification of legal rights is important because it helps clarify the different types of rights individuals and groups have. This understanding is essential for ensuring everyone’s rights are protected and respected.
NOTE: You can also read more about legal rights.
HOW LEGAL RIGHTS MAY BE LOST?
Following are some modes that may lead to the extinction of a legal right.
- By contract that is by sale, assignment, lease, or sublease or by a charge mortgage pledge or lien
- By gift
- By giving in trust
- By operation of law, e.g. by death or insolvency
CONCLUSION
A legal right is an interest or an exception guaranteed by law. A legal right is vested in a person; it avails against a person, relates to something, is based on some title, and obliges the person to act or omit in favour of the person entitled.
FAQs
Define “Legal Right”? Also, narrate the essentials of a Legal Right.
(2019-A)
Explain the need for legal rights.
(2017-A, 2015-S)
Explain the essentials of a legal right.
(2014-A)
