INTRODUCTION
The term “legal rights” is a problematic concept. In its strict sense, Legal Rights 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.
Note: A legal right is a benefit or addition conferred upon a person by a rule of law.
CROSS-REFERENCE
- Article 4 of the Constitution of Pakistan 1973 deals with individual rights.
- Articles 8 to 28 of the Constitution of Pakistan 1973 deal with Fundamental rights.
MEANING OF LEGAL RIGHTS
According to Black’s Law Dictionary,
A right that is created or recognizable by law.
DEFINITION OF LEGAL RIGHT
According to Salmond,
“A right is an interest recognized and protected by law, a rule of Rights. It is any interest, respect for which duty, and disregarding which is wrong.”
According to Holland,
“Right is a capacity residing in one man of controlling with the assent and assistance of the state, the actions of the others.”
PARTIES OF LEGAL RIGHT
There are three parties of legal Right
- State or sovereign which confers
- The person on whom the Right is granted the legal Right
- The person on whom the duty is imposed
CHARACTERISTICS OF LEGAL RIGHTS
Every legal Right has five 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 Right. 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 the person of inherence. According to Salmond, an ownerless right is an impossibility.
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. Subject Matter of the Right
An act or omission relates to something which may be termed the object or subject matter of the Right.
4. 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.
5. Title to Right
The owner must have a title with specific facts or events because the Right has become vested in the owner.
For example, a person buys a plot from another person. The buyer will be the person of inherence and the seller (other persons) generally the persons of incidence. The property will be the subject matter of the Right, and the content of the Right would lie in the fact that the seller and every other person should not disturb the buyer’s peaceful possession and enjoyment of the plot. Finally, the title of the Right or title in the owners is the sole deed by which the purchaser acquired the property from its former owner.
KINDS OF LEGAL RIGHTS
1. Perfect and Imperfect Rights:
Perfect Rights: A legally recognised and fully enforceable right is called an ideal right. For example, a debt not barred by time is recognized and enforced by a court of law and is a perfect right.
Imperfect Rights: A right recognized by the law but not enforceable is called a wrong right. For example, time-barred claims and claims exceeding the local limits of a court’s jurisdiction are the best examples of imperfect rights.
2. Positive and Negative Rights:
Positive Rights: A right entitling a person to have another do some act to benefit the person authorized is a positive right. For example, the Right of a creditor to receive money from his debtor is a positive right.
Negative Rights: A right entitling a person to have another refrain from doing an activity that might harm the person authorized is called a negative right. For example, my Right to retain money in my pocket uninterrupted by pickpockets is a negative right.
3. Rights in Rem and Rights in Personam:
Rights in Rem/Real Rights: A right exercisable against the world is called a fundamental right or Right in rem. For example, my Right to the possession of the money in my pocket is a fundamental right.
Right in Personam / Personal Rights: A right that forms part of a person’s legal status or condition, as opposed to the person’s estate, is called individual rights. For example,
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- My Right to receive money from a person who owes me some cash is personal
- The Right of the landlord to receive rent from his tenant.
4. Proprietary and Personal Rights:
Proprietary Rights: Proprietary rights can be measured in terms of money or economic value—for example, land, patent rights, debts due, etc.
Personal Rights: Personal rights, such as individual liberty, contribute to the person’s honour or well-being.
5. Rights in Re-Propria and Rights in Re-Aliena:
Rights in Re-Propria: Rights in Re-Propria is a right of enjoyment free from encumbrances that is incident of full property ownership—for example, my land ownership.
Rights in Re-Alina: Rights in Re-Alina are an easement or Right in or over another’s property. In the broadest sense, Re-Alina may also be called an encumbrance. For example, accessing my land through the adjoining land to another is a right in Re-Alina.
Note: The MoThe absolute the law gives over is called the Right of dominium.
6. Principal and Accessory Rights:
Principal Rights: The same owner has added Principal rights as supplementary rights. For example, when a mortgage secures a debt, that debt is the top Right.
Accessory Rights: Accessory Rights are supplementary rights that have been added to the central Right that is vested in the same owner. For example, security to take debt is the accessory right.
7. Legal and Equitable Rights:
Legal Rights: A legal Right is created or recognized by law—for example, the Right of ownership.
Equitable Rights: Equitable rights are recognized solely in the court of chancery (court of equity)—for example, injunctions.
8. Primary and Sanctioning Rights:
Primary Right: Primary Right is a right prescribed in substantive law. According to Salmond, Primary rights can be either a right in rem. For example;
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- My Right not to be assaulted or a right to personal
- My Right that you perform your contract with me
- A person’s Right to liberty
Sanctioning Right: Sanctioning is a right prescribed by procedural law to enforce a substantive right. These are also known as antecedent or substantive rights—for example, the Right to obtain compensation for the fort of libel.
9. Vested and Contingent Right:
Vested Right: Vested Right is one in which all events necessary to grant it entirely to the owner have happened, and no condition remains to be satisfied. A vested right creates an immediate interest. It is transferable and heritable.
Contingent Right: A Contingent Right is one in which only some of the events necessary to vest it entirely in the contingent owner have happened. A contingent right does not create an immediate interest. It can be defeated when the required facts have not occurred.
10. Qualified and Unqualified Rights:
Qualified Right: Those rights in which the state can interfere in an emergency. For example, fundamental rights.
Unqualified Right: The rights in which the state cannot interfere—for example, the right to life and the right to eat.
11. Inheritable and un-inheritable rights:
Inheritable Rights: A right is inheritable if it survives its owner. All property rights are inheritable. For example, the heir of a property becomes the owner after the death of the actual owner.
Uninheritable Rights: A right is un-inheritable if it dies with its owner. All personal rights are uninheritable. For example, the Right to freedom of a man dies with him.
12. Municipal and International Rights:
Municipal Rights: Municipal rights are rights conferred by the country’s law and enjoyed by all citizens.
International Rights: International rights are rights conferred by international law.
13. Public and Private Rights:
Public Rights: A right vested in the state is called a public right, and every public member possesses it.
Private Rights: A personal right is concerned only with a private individual.
ENFORCEMENT OF LEGAL RIGHTS
- Suit for damages
- Suit for restitution
- Suit for specific performance
- Suit for injunction
DIFFERENCE b/w RIGHT AND LEGAL RIGHT
The main difference between Legal Rights and Rights is given below
“Rights” are just principles/rules of positive morality.
“Legal Right” is enforceable by law.
DIFFERENCE b/w RIGHT AND MIGHT
Right is one’s capacity to oblige others to do or bear by means not of one’s strength or by the power of a third party.
- If a third party is God, the Right may be divine.
- The Right is moral if a third party is the public acting through opinion.
- The Right is legal if such a third party is the state acting through its judicial organs.
It might mean the capacity to oblige others to do or forbear by one’s physical strength, that is, one’s power of inflicting pain or evil.
HOW A LEGAL RIGHT MAY BE LIMITED OR LOST
- By contract, sale, lease, sublease, or charge mortgage pledge or lien.
- By gift (donation)
- By giving in trust.
- By operation of law, e.g. by death or insolvency
CONCLUSION
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.
FREQUENTLY ASKED QUESTIONS
Define a legal right. Discuss various kinds of legal rights.
(2019-A Special Exam)
Define ‘legal Right. Explain the essentials of a legal right.
(2019-A, 2017-8)
Explain with examples the following types of legal rights:
- Perfect and imperfect, Right
- Positive and Negative rights
- Fundamental and personal freedoms.
(2018-S)
REFERENCES
- Jurisprudence
- N-Series by M.A. Chaudhary
