types of legal rights

1. JURISPRUDENCE
TYPES OF LEGAL RIGHTS
Submitted by- Amulya Nigam ( BALLB vi sem)

2. 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”.

3. 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.

4. 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

5. • Legal and Equitable Rights
• Primary and Secondary Rights
• Public and Private Rights
• Vested and Contingent Rights
• Servient and Dominant Rights
• Municipal and International Rights
• Ordinary and Fundamental Rights
• Fus ad rem

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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
one’s own property. My right of ownership of my land
is a right in re propria.

13. 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.

14. 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.

15. 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.

16. Public and Private Rights
• A public right is possessed by every member
of the public.
• A private right is concerned only with
individuals.

17. 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.

18. 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.

19. 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.

20. 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.

21. ORDINARY & FUNDAMENTAL RIGHTS

22. 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.

23. THANK YOU