According to Salmond, “an in re aliena right restricts or deviates from a more general right to which another person is entitled in respect of the same object – the object. All other rights that are not limited are rights in re propria. The owner of the movable property has the right of ownership, because it is his property. The commitment is just in Aliena because it is about someone else`s property. All claims or debts with a time limit fall under the category of imperfect rights. He said that this theory is partly correct because a legal right is not an interest in itself, but only serves to protect the interests of an individual. He also explained that legal rights give the person the right to do/leave a certain action by imposing a legal obligation on him or her through the law. If the right is given to the person, it is presumed that certain obligations are also imposed on the person. The law has its corresponding obligations. There are two types of duties if it is the obligation of the person to perform his duty if he has a legal obligation, but in the case of a moral obligation, he has no obligation. It is at the discretion of a person.

Rates are divided into absolute and relative rates, positive and negative rates, and primary and secondary rates. 5. Every legal right has a title. This means certain facts or events on the basis of which the right belongs to the owner 4. Rights in rem and rights in personam – Rights in rem are a right against or in connection with a thing, while rights in person are rights against or in relation to a person. Beni Prasad explained that “rights are nothing more and nothing less than the social conditions necessary or favorable for the development of the personality.” According to his theory, “rights are an inherent attribute of the human will.” The purpose of the law is to allow the expression of free will. The object is derived from the human will. A legal right is the power that a man has to seize or refrain from taking a person or person to perform certain acts or actions, to the extent that the power arises from the imposition by the Company of a legal obligation on one or more persons. Rights are defined as interests protected by moral or legal rules. But rights differ from interests.

Interests are things that are to a man`s advantage. Real rights are more important than personal rights because they are accessible to the whole world. A person`s right to peaceful occupation and reputation is just in rem, while the right to receive rent from the tenant and the right under the contract is in personam. In personam rights are generally positive and rights in rem are negative rights. 5. Property and personality rights – Property rights have a certain monetary value. Human rights have no monetary value. According to Salmond, every legal claim has the following characteristics.

They are as follows: Under positive rights, the person must fulfill a positive duty to fulfill this right. Mr. Allen attempted to merge and reconcile these two theories by pointing out that the essence of a right does not appear to be the legally guaranteed power per se, but the legally guaranteed power to realize an interest. Therefore, a sound theory would consider both will and interest as an essential part of the law. This article was written by Richa Goel of Banasthali Vidyapith. In this article, she discussed the concept of legal rights and obligations. There are three main theories about the nature of legal rights, they are; Imperfect rights are good for the defense, but not good as a reason to act. An imperfect right can be transformed into a perfect right. If a bond is not stamped, it creates an imperfect right that is unenforceable by law. But with the payment of the prescribed penalty, it becomes a perfect right. Similarly, an oral contract may become enforceable on the basis of the existence of written evidence.

There is legal action against one or more other persons who are subject to a corresponding obligation to respect this right. This person is called the person of appearance or the object of the duty. If X has a specific right against Y, X is the heir and Y is the object of the impact. Hereditary rights can be transferred from one generation to the next, that is, this right remains even after the death of its owner. Example: A son is the rightful heir to his father`s property after his death. The first essential element of the law is that there must be a person who is the owner of the right. He is the subject of the law and is called the hereditary father. The holder of a right does not have to be a determining or fixed person. If an individual has an obligation to society as a whole, then an indeterminate body is the object of heredity. Depending on the type of co-oral duty, rights are divided into positive and negative rights.

As the name suggests, a person with positive rights is compelled to do or do something because he or she is bound by duty. The satisfaction of positive rights leads to the improvement of the position of the owner, while in the negative right, people are prevented from doing anything, they have negative duties that correspond to them, and the enjoyment is complete without interference. The law protects the legal rights of every citizen. By being a citizen of the country, people have the legal right. It is the duty of every individual to protect the rights of every individual. 11. Public and private rights – Public rights are in the hands of the state. While private rights are exercised by individuals for their own benefit. He criticized the theory of interest rates on the grounds that interest is not protected by the state. In order to confer a legal right, it is essential that interests are protected and recognized by the State. Legal rights are protected by the common law, that is, the Court of England. The common law depends on usage and customs.

In general, this means that the legally authorized act is called a legal right or the act recognized or protected by the state is called a legal right. The definition results from the number of lawyers such as Holland, Austin, Pollock. It can be said that the two theories are not in contradiction with each other, but it is the combination of the two theories. He attempted to combine these two theories by pointing out that the essence of the right does not appear to be a legally guaranteed power over itself or legally protected by itself, but the legally guaranteed power to realize an interest. It can be concluded that both theories are the essential components of law. In State of Rajasthan v. Union of India[1], the Supreme Court noted that “legal rights in the narrow sense are correlations between legal obligations and legal rights are defined as the interests that the law protects by imposing obligations on other persons. But legal law in the narrow sense means that law is immunity from someone else`s legal power. Immunity is not a submission at all.” 3. Real and personal rights – Real rights are generally imposed on individuals. Personality rights are the rights imposed on certain people. LavSikho has created a telegram group for the exchange of legal knowledge, recommendations and various possibilities.

You can click on this link and register: the purpose of the right is an essential element. It deals with the purpose of the law. It is associated with doing something or abstaining from certain actions or tolerances. It forces the person to bow or act in favor of the person who has a legal right. Example-Y buy a van for Rs 20,000. Here, Y is the question of law. Object (Y) has a legal right and may exclude others. Substantive rights can be divided into prior rights and corrective rights.

Provisional duties exist regardless of whether the injustice is committed or not. For example, the purchase of a property has a precursor right to that property. Whereas a right that arises when prior rights are violated is called rights of appeal. This is compensation in the form of compensation for the violation of a prior right. In England, before the passage of the Judicature Act 1973, two different coordinates were called Common Law and Equity Law. Legal rights have been recognized by the common law courts and equitable rights have been recognized by the Court of Chancery, the Court of Equity. After the adoption of the Judicial Act, it was abolished by the merger of the two. If two legal rights are found to be incompatible, the former generally prevails. In the event of a conflict between the legal right and one law on equity, the legal right prevails over the other, but the holder of the legal rights must have acquired it for the value without notice of the previous equity. 1. Legal rights exist only in society – these rights are the consequence of the fact that man is a social animal. Negative rights are the rights that prevent the person from taking certain measures.

Negative duties correspond to negative duties. The person on whom such an obligation is imposed is prevented from performing certain actions.