JURISPRUDENCE

TYPES OF LEGAL RIGHTS

Submitted by- Amulya Nigam ( BALLB vi sem)

 LEGAL RIGHTS
According to Salmond : A right is an interest
recognized and protected by a rule of right. It
is any interest, respect for which is a duty, and
the disregard of which is a wrong .
According to Holland, a right is a capacity
residing in one man of controlling , with the
assent and the assistance of the State, the
actions of others.
 ESSENTIALS OF A LEGAL RIGHTS
The first essential element is that there must
be a person who is the owner of the right.
A legal right accurse against another person or
persons who are under a corresponding duty
to respect that right.
Content or substance.
The object of the right.
Title of the right.
 KINDS OF LEGAL RIGHTS
Perfect and Imperfect Rights
Positive and Negative Rights
Real and Personal Rights
Rights in Rem and Rights in Personam
Proprietary and Personals Rights
Inheritable and Uninheritable Rights
Rights in Re Propria and Rights in Re Aliena
Principal and Accessory Rights
 Legal and Equitable Rights
Primary and Secondary Rights
Public and Private Rights
Vested and Contingent Rights
Servient and Dominant Rights
Municipal and International Rights
Rights at Rest and Rights in Motion
Ordinary and Fundamental Rights
Fus ad rem
Perfect and Imperfect Rights
According to Salmond, a perfect right is one which
corresponds to a perfect duty. A perfect duty is one
which is not merely recognized by law but also
enforced by law.
In all fully developed legal systems, there are rights
and duties which, though recognized by law, are not
of perfect nature. Those rights are called Imperfect
rights. i.e., claims barred by the lapse of time.
 Positive and Negative Rights
According to Salmond, a positve right
corresponds to a positive duty and entitles its
owner to have something done for him without
the performance of which his enjoyment of the
right is imperfect and incomplete.
Negative rights have negative duties
corresponding to them and enjoyment is
complete unless interference takes place. The
majority of negative rights are against all the
world.
 Real and Personal Rights
According to Salmond, a real right
corresponds to a duty imposed upon persons
in general. A real right is available against the
whole world.
A personal right corresponds to a duty
imposed upon determinate individuals. A
personal right is available only against a
particular person.
 Rights in Rem and Rights in
Personam
Jus in rem means a right against or in respect
of a thing. A right in rem is available against
persons generally.
Fus in personam means a right against or in
respect of a person. A right in rem is available
against the whole world but a right in
personam is available against a particular
individual only.
 Proprietary and Personals
Rights
The proprietary rights of a person include his
estate, his assets and his property in many
forms. Proprietary rights have some economic
or monetary value. Examples of proprietary
rights are the right to debt, the right to
goodwill, the right to patent, etc.
Personal rights are not valuable. Personal
rights are merely elements in his well-being.
They possess merely judicial importance.
 Inheritable and
Uninheritable Rights
A right is inheritable if it survives its owners.
Proprietary rights are inheritable. The heirs of
a proprietary owner become owners after his
death.
A right is uninheritable if it dies with him.
Personal rights are uninheritable. In the case
of personal rights, they die with the owner
and cannot be inherited.
 Rights in Re Propria and
Rights in Re Aliena
According to Salmond, a right in re aliena or
encumbrance is one which limits or derogates from
some more general right belonging to some other
person in respect of the same subject matter. The
pledgee has jus in re propria or a right over his own
property. Rights in re aliena are rights over the
property of another persons.All other rights are rights
in re propria.
The owner of a chattel has jus in re propria or a right
over his on property. Rights in re propria are rights in
ones own property. My right of ownership of my land
is a right in re propria.
 Principal and Accessory
Rights
Principal rights exist independently of other
rights.
Accessory rights are appurtenant to other
rights and they have a beneficial effect on the
principal rights.
 Legal and Equitable Rights

Legal rights were recognized by common law

courts and equitable rights were recognized
by the Court of Chancery. The Judicature Act
of 1873 put an end to the distinction between
legal and equitable rights.
 Primary and Secondary
Rights
Primary rights are also called antecedent,
sanctioned or enjoyment rights.
Secondary rights are called sanctioning ,
restitutory or remedial rights.
Primary rights are those rights which are
independent of a wrong having been committed.
They exist for their own sake. They are
antecedent to the wrongful act or omission.
Secondly rights are a part of the machinery
provided by the state for the redress of injury
done to primary rights.
 Public and Private Rights

A public right is possessed by every member

of the public.
A private right is concerned only with
individuals.
Vested and Contingent Rights
A vested right is a right in respect of which all
events necessary to vest it completely in the
owner have happened. No other condition
remains to be satisfied.
In the case of a contingent right, only some of
the events necessary to vest the right in the
contingent owner have happened.
Servient and Dominant Rights

A servient right is one which is subject to an

encumbrance. The encumbrance which
derogates from it may be contrasted as
dominant.
The land for the beneficial enjoyment of
which the right exists is called the dominant
heritage and the owner or occupier thereof is
called the dominant owner.
 Municipal and International
Rights
Municipal rights are conferred by the law of a
country. All municipal rights are enjoyed by
the individuals living in a country.
International rights are conferred by
international law. The subjects of international
right are the persons recognized as such by
international law.
 RIGHTS AT REST AND RIGHTS IN
MOTION
According to Holland, when a right is stated
with reference to its orbit and its
infringement, it is a right at rest.
Causes by which rights are either connected
or disconnected with persons are discussed
under rights in motion.
ORDINARY & FUNDAMENTAL
RIGHTS
 FUS AD REM
A jus as rem is a right to a right. The person of
inherence has the right to have some other
right transferred to him. The jus ad rem is
always a right in personam. If I sell my house
to K, K acquires a right against me to have the
house transferred to himself. The right of K is
said to be a jus ad rem. Whether the right to
be transferred is a right in rem or only a right
in personam, the jus ad rem is always a right
in personam.
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