LEGAL RIGHTS

DEFINITION, CHARACTERISTICS AND

CLASSIFICATION OF LEGAL RIGHT
 DEFINITION OF RIGHT
• John Austin:
• A party has a right when another or others are
bound or obliged by law to do or forbear towards
or in regard to him.
• Jhering:
• Rights are legally protected interests.
• Salmond:
• An interest recognized and protected by a rule of
legal justice.
 DEFINITION OF RIGHT
• Gray:
• Legal Right is that power which a man has to make a
person or persons do or refrain from doing a certain
act or certain acts so far as the power arises from
society imposing a legal duty upon a person or
persons.
• Holland:
• Legal Right is a capacity residing in one man of
controlling with the assent and assistance of the State
the actions of others.
Essential Characteristics of Legal Right:

According to Salmond, there are five

characteristics or essential elements of legal
right, though according to others, such as
Keeton and Holland, there are only four
characteristics, as for a title to them is only a
source of a right and so not characteristic.
Essential Characteristics of Legal Right:

• (i) Vested in person:

It is vested in person who is the owner of the
right. He is the subject of the legal right and
is sometimes described as the person of
inherance. The owner of a right need not be
a determinate or fixed person.
 Essential Characteristics Of Legal Right:
• (ii) Available against person:
It is available against a person who is bound by the
correlative duty to respect that right. Such a person is
called the person of incidence or the subject of the duty.
• (iii) Content of right:
Another essential element of a legal right is its content
or substance. It may be an ‘act which a person bound by
the duty has to do or it may be ‘forbearance’ on his part
in favour of the person entitled to the right.
 Essential Characteristics Of Legal Right:

• (iv) Object of the right:

The act or forbearance relates to something which
is designated the object or subject matter of the
right.
(v) Title to the right:
Another essential element of a legal rights is the
title to the right. Facts must show the right vested
in the owner of the right. That may be by
purchase, gift, inheritance etc.
 Essential Characteristics Of Legal Right:

• A man buys a house from another. The buyer will

be the person of inherence i.e., the owner of right
and the seller and the other person generally the
persons of incidence i.e., persons who are under a
corresponding duty. The object of the right will be
the house. The contents of the right is
forbearance, non-interference with the exclusive
use of the house. The title to the right is the fact of
the sale of the house.
 CLASSIFICATION OF LEGAL RIGHT
• Perfect right & Imperfect right
A perfect right is one, which corresponds to a
perfect duty, and is not only recognized by law but
also enforced by law. Enforceability is the general
test of such a right. A Legal proceeding will lie for
the breach of such a right. The courts of law not
only recognized perfect right but also enforce it, if
necessary with the help the physical force of the
state. The right of a creditor to recover his dues
from debtor within time is a perfect right.
CLASSIFICATION OF LEGAL RIGHT
 
An imperfect right is one which though recognized
by law is not enforced by it. No legal proceeding
will lie with regard to such a right. Example of such
legal right are time-barred debt or claims, Barred
by lapse of time claims unenforceable on account
of absence of some strict legal requirement, such
as the non registration of a document where
registration is compulsory and so on
 CLASSIFICATION OF LEGAL RIGHT
• Positive & Negative right 
A positive right corresponds to a positive duty.
It is a right in which the person on whom the
duty lies, shall do some positive Act for the
person entitled. It is an advantage conferred
by law on the owner of the right by virtue of
which he can compel others to do something
in his favor (Bldg.Contract)
 CLASSIFICATION OF LEGAL RIGHT
• On the other hand a negative right
corresponds to a negative duty, so that the
persons bound shall refrain from doing some
act which would operate to the prejudice of
the person entitled to the right. It is an
advantage conferred by the law on the owners
of the right by virtue of which he can compel
others not to do some act.(Constructed
house)
 CLASSIFICATION OF LEGAL RIGHT
• Right in rem & Right in personam Right in rem
corresponds to a duty imposed upon persons in general.
It is available against the whole world. (Reputation)

Right in personam corresponds to a duty imposed upon

determinate individual. A personal right is available only
against a particular person. Right to receive money from
a person who owes one money is a personal right
 CLASSIFICATION OF LEGAL RIGHT
• Proprietary & Personal right 
The proprietary rights of a person include his estate, his
assets and his property in many forms. Proprietary rights
have some economic monetary value. Example: The right
to debt, the right to goodwill, the right to patent etc

The power of making a will or a contract is a personal

right. The duty of fulfilling a contract to marry is personal.
Many rights of personal liberty and freedom from bodily
harm are considered personal rights. 
 CLASSIFICATION OF LEGAL RIGHT
• Inheritable & un Inheritable right 
Inheritable right is one which is continued from
generation to generation. In other words it is not
extinguished by lapse of time. This type of right is
acquired by heirs after the death of some person.
• Un-inheritable rights  are rights which are
extinguished after death of the person holding
them. This type of right is one’s personal right.
 CLASSIFICATION OF LEGAL RIGHT
• Rights in re propria & re aliena 
A right in re-propria is right which a person
exercises over his own property.
• Rights in re aliena are rights which a person
exercises over another’s property (easement
rights).
 CLASSIFICATION OF LEGAL RIGHT
• Primary rights & Secondary rights 
The right which is not dependant to other right is
called primary right. Primary rights exist
independently of other rights. Right over land is
principal right. 

Secondary rights are appurtenant to other rights

and they have a beneficial effect on the principal
rights. They generally arise on the violation of
primary right.(Contract & damages)
 CLASSIFICATION OF LEGAL RIGHT
• Legal rights & Equitable rights 
Legal rights are recognized by the common
law courts. In case of conflict legal right gets
importance. Legal right is law oriented.
Equitable right is recognized by the court of
chancery. The main target of the equitable
right is to lessen the rigour of the law and
provide relief in appropriate cases.
 CLASSIFICATION OF LEGAL RIGHT
• Vested right  & Contingent right  A vested right is a right in the
owner. No condition remains to be satisfied for the right to
vest in the owner. If a valid deed of transfer is executed by A in
favor of B, B acquires a vested right. 

Some conditions have to be fulfilled to vest the contingent

right in the contingent owner. If a property is given to a person
on the condition that he will be entitled to it only if he attains
the age of 21, the right acquired is a contingent right. The right
fails if the person dies before he attains the age of 21.
CLASSIFICATION OF LEGAL RIGHT
• Rights in the narrow sense and
broader sense – Next class
THANK YOU