Legal Rights: Nature, Characteristics, Kinds | Important Acts and Laws for Judiciary Exams PDF Download

Understanding Legal Rights

• Ownership of a Right: To possess a legal right, an individual must be its rightful owner. This ownership signifies the entitlement to exercise certain privileges or claims.
• Corresponding Duty: Legal rights are accompanied by a duty imposed on others to acknowledge and uphold these rights. For every right, there exists a corresponding obligation to respect and not infringe upon it.
• Content and Substance: The essence of a legal right lies in its content and substance, delineating the specific entitlements or freedoms granted to the right holder.
• Object of the Right: Each legal right pertains to a particular object, whether tangible or intangible, over which the right is exercised. This object delineates the scope and nature of the right.
• Title of the Right: The title of a legal right serves as its formal designation, identifying and distinguishing it from other rights. It encapsulates the nature and scope of the entitlement conferred upon the holder.

Nature and Characteristics of Legal Rights

• Legal rights are a product of societal existence - stemming from humans' social nature.
• They are instrumental in fostering national progress, serving as foundational elements for a robust and continuously advancing nation.
• These rights enjoy recognition by all members of a given society.
• They are grounded in reason and morality, devoid of arbitrariness and trial-and-error methods.
• Given their societal context, rights cannot be wielded against the collective or the societal welfare.
• Legal rights are universally accessible without discrimination of any kind.
• They exhibit dynamism, capable of adaptation to the evolving societal circumstances.
• Rights are inherently limited, with restrictions necessary for upholding public health, security, order, and morality.
• Legal rights are intrinsically linked with duties, forming a close and reciprocal bond between them.
• Enforcement and protection of rights fall under the purview of state laws, highlighting the government's responsibility to safeguard people's rights through various measures.

Kinds of Legal Rights

• Perfect and imperfect rights: Perfect rights are duties recognized and enforced by the government, while imperfect rights lack this level of enforcement.
• Positive and negative rights: Positive rights entail positive duties, while negative rights involve duties against certain actions.
• Real and personal rights: Real rights apply generally to individuals, while personal rights specifically pertain to certain persons.
• Rights in rem and rights in personam: Rights in rem are related to things, while rights in personam are related to individuals.
• Proprietary and personal rights: Proprietary rights have monetary value, whereas personal rights do not.
• Inheritable and uninheritable rights: Inheritable rights continue with a person, while uninheritable rights end with a person.
• Principal and accessory rights: Principal rights are fundamental, while accessory rights are secondary or consequential.
• Rights in Re Propria and Rights in Re Aliena: Rights in Re Propria relate to one's property, while Rights in Re Aliena relate to another's property.
• Legal and Equitable rights: Both types of rights are recognized by courts, but they differ in practical application.
• Primary and secondary rights: Primary rights are independent, while secondary rights support primary rights.
• Public and private rights: Public rights belong to the state, while private rights are for individual benefit.
• Vested and contingent rights: Contingent rights depend on certain events, while vested rights are already with individuals.
• Servient and dominant rights: Servient rights are limited, while dominant rights are enjoyed by the dominant owner.
• Municipal and international rights: Municipal rights are based on country laws, while international rights stem from international laws.
• Rights at rest and rights in motion: Rights at rest are stable, while rights in motion are dynamic and changing.
• Fus ad rem: This is the right to a right, a fundamental legal concept.