1) Introduction: Q # 05: What Is Legal Right? What Are The Kinds of Rights?

Q # 05: What is legal right? What are the kinds of rights?
1) Introduction
 The main object of the state is provision of rights to citizens and protection of such rights. There
can be no duty without right. Legal rights are those rights which have been given to a person by
legal system. Such rights can be repealed, modified and changed by legal system and such rights
empowers the individuals for joyful life
2) Definition of legal right

 Legal rights are those rights which are common interests of people of civilized society which are
recognized and enforceable by law
3) Kinds of legal rights

Following are the kinds of legal rights. Details are as under.
1. Perfect right
 perfect rights are those legally recognized rights which are enforceable by law
 Example
 As a valid contract is specially enforceable through the court of law
2. Imperfect right
 Imperfect rights are recognized by law but are not enforceable by law due to
some restrictions
 Example
 Imperfect right is if a creditor releasing a debtor of his debts, either completely
or partially.
3. Positive rights
 A positive right are such rights which are related to positive duty and person is
bound to do positive action
 Example
 If A borrows money from B. it is the right of B, that B gave back money to A
4. Negative rights
 Negative rights are such rights which are related to negative duty and person is
bound not to do a certain action.
 Example
 A prime example of this type of negative right is the fight against government on
seizure of property without due process of law
5. Real rights
 Real rights are those rights which are related to things rather than a person such
as ownership of a property, right of use of property etc
 Example
 I have a real right to sell or purchase the property as it is my real right against the
whole world.
6. Personal rights
 Personal rights are those rights which are related to person’s right such as his
right of life, right of personal liberty, and right of religious liberty etc.
 Example
 I have a personal right of liberty ,freedom of speech , freedom of business etc
7. Rights in rem
 The word Rem is derived from Roman term “Actio in Rem”
 Right in rem is such right where an owner of the property has right to use his
property without any hesitation
8. Rights in Personam
 The word Personam is derived from Roman term “Actio in Personam”
 Right in personam is such right where a specific person is entitled with some
rights such as action, judgment etc
 Example
 Under a contract both of the parties are entitled with some rights and both are
bound by contract’s terms and conditions
9. Proprietary right
 Proprietary rights are those rights which are related to person’s rights upon
touchable thing such as right upon house, his right upon money or other physical
things
 Example
 The right of house, right of money or other physical things
10. Inheritable rights

 Inheritable rights are those rights which can be transferred to heirs such as
transfer of property, transfer of debts after the death of a person
 Example
 A dies leaves his property behind him his legal heirs become owner of such
property. This is an inheritable right
11. Non-heritable rights

 Non heritable rights are those rights which cannot be transfer to heirs after the
death of a person and these rights finished with the death of the person
 Example
 Sakib has right to live, right to perform religion duties, right to speak etc. These
rights will be abolished automatically after his death and these are non-
inheritable rights
12. Rights in re-propria

 Right in re propria is such right where a person has a right of full ownership upon
a property and this term shows that owner has complete rights upon a property
 Example
 The owner of a property has full right in re propria over it
13. Rights in Re-Aliena

 Rights in re aliena is such right where a person has a right of use of property of
other person
 Example
 My right of way across the land of another person is a right of re aliena
14. Principle and accessory rights

 A principal right is such right which is not subordinate of any other right and it
stands by itself,
 Accessory right is such right which is subordinate of other rights and they have a
beneficial effect on the principle rights
 Example
 A owes (Udhar dena) money to B. and he executes a mortgage (Girvi) deed in
favor of B. The debt is the principle right and the security in the form of mortgage
is the accessory right
15. Legal rights

 Legal rights are those rights which has been recognized by court of law such as
right of vote etc
16. Equitable rights

 Equitable rights are those rights which has been recognized by the court of
equity
17. Primary rights

 Primary rights are those rights which have been recognized by the supreme court
that all rights which are vested in people, are legal and fair
 Example
 Right of reputation ,right of life etc
18. Secondary rights

 Secondary rights are those rights which are imposed on offender at that time
when offender violates primary rights of other person
 Example
 I have a personal right to receive compensation from any individual who is any
way harms me
19. Public rights

 Public right is such rights which is possessed by every member of the public. It is
between a state and the individual e.g. right to vote etc
20. Private rights

 Private rights are such rights which are between individuals. It is concerned only
with the individual e.g. contract entered by two individuals.
21. Vested rights

 Vested right are those rights which has been provided to a person as a property
rights which cannot be taken away without the willingness of the owner.
 Example
 If a valid deed of transfer is executed by A in favor of B. B acquires a vested right
22. Contingent rights

 Contingent rights dependent upon the possible occurrence of a future
happening, the happening of which is not guaranteed that it may happens or
not.
 Example
 A executes a deed in favor of B. according to which he entitles to the possession
of certain property when he attains the age of 21 , the rights is contingent right
and it will be vested only when he attains the age of 21
23. Servient right

 Servient right is such right when a person serves his right of way upon other’s
land.
24. Dominant rights

 And dominant right is such right the person whose land is being used by other
person is called dominant right
 Example
 X as the owner of certain house has a right of way over the land of Y, his
neighbor .The house of X is the dominant heritage and Y is the dominant owner.
25. Municipal rights

 Municipal rights are those rights which have been provided by the law of a
country. And individual enjoys these rights living in a country
26. International rights

 International rights are those rights which have been provided by the
international law. And these rights have been internationally recognized.
27. Rights at rest

 Rights at rest are those rights which are completely connected with person and
these are permanent rights
28. Rights in motion
 Rights in motion are those rights which may connected or disconnected with
person time to time. Due to this doubt these are called rights in motion
29. Ordinary rights

 Ordinary rights are those rights which has not been guaranteed by the
constitution
30. Fundamental rights

 Fundamental rights are those rights which guaranteed by the constitution such
as right of life, liberty etc.
31. Jus and rem

 Jus ad rem is a legal protection of the property from interference by anyone is
called jus ad rem. A jus ad rem is a right to right.
 Example
 If A sell his property to B ,B acquires a rights against A. to have the house
transferred to himself
4) Conclusion
 Legal rights are those rights which have been provided by state or country law. These are
enforced by the physical force of the state. These have been classified into different kinds
according to their scope by various authors. Such rights can be repealed, modified and changed
by legal system. Such rights empowers to individual for joyous life

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Q # 05: What is legal right? What are the kinds of rights?

2) Definition of legal right

3) Kinds of legal rights

10. Inheritable rights

11. Non-heritable rights

12. Rights in re-propria

13. Rights in Re-Aliena

14. Principle and accessory rights

15. Legal rights

16. Equitable rights

17. Primary rights

18. Secondary rights

19. Public rights

20. Private rights

21. Vested rights

22. Contingent rights

23. Servient right

24. Dominant rights

25. Municipal rights

26. International rights

27. Rights at rest

29. Ordinary rights

30. Fundamental rights

31. Jus and rem

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