Q. Write a short note on positive and negative right. [10 marks - 2023]
Q. Short note on Proprietary and personal right. [4 marks - 2019]
Q. Contingent right [4 marks - 2019]
Q. Explain the characteristics of a legal right. [10 marks - 2019]
Q. Dominant and Servient Right [4 marks - 2018]
Q. Perfect and Imperfect Right [4 marks - 2018]
Q. What are the different kinds of legal rights? Mention the different kinds of legal rights. [20 marks - 2018]
Legal Rights
The term right is defined as any action of a person permitted by law. Legal rights are the rights that are given to the citizens of a country by the government to enjoy certain freedoms.
Characteristic of Legal Rights
1. Legal rights exist only in human society.
2. Since rights are present in a society, these cannot be exercised against the society or against social good of the society.
3. Legal rights gives momentum to the development of the nation.
4. These rights are recognized by the all people in a society.
5. These are rational and moral claims.
6. Rights are equally available to all the people without any kind of discrimination.
7. Legal rights are dynamic. They can be changed according to the situations and conditions prevailing in the society.
8. Rights are not absolute.
9. These are protected and enforced by the laws of the state.
Kinds of Legal rights
1. 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.
2. Real and personal rights
Real rights are imposed on persons in general. Personal rights are the rights which are imposed on determinate individuals.
3. 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.
4. 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.
5. 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.
6. Servient and dominant rights
Servient rights are subjected to encumbrance while the dominant rights are enjoyed by the dominant owner.
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