.

Home

Pakistan Affairs

O'Canada

Research

Opinion

 

Contact Me

.


...............................................

.............................................................................................................

What is legal right?

Salmond has defined a right as “an interest recognised and protected by a rule of right”.

To Holland a right is the capacity residing in one man of controlling, with the assent and assistance of the state, the actions of others.

According to Austin, “ a right is a faculty which resides in a determinate party or parties by virtue of law, and which avails against a party or parties other than the party or parties in whom it resides.

Characteristics of Legal Rights

Every right has the following five characteristics

  1. There must be a subject of right, I.e., the person whom the right is vested.
  2. There must be a subject of duty; i.e., the person against whom the right is available.
  3. There must be a content of right, i.e., some act or something to which the right relates.
  4. There must be a subject matter or object of object of right i.e., something to which the right relates.
  5. There must be a title of the right i.e., some fact or events owing to which the right is vested in the owner.

Classification of Legal Right:

Salmond has classified legal rights into eight categories, which are as:

  1. Perfect and imperfect Rights.
  2. Positive and Negative Rights.
  3. Real and Personal Rights.
  4. Proprietary and Personal Rights.
  5. Rights in re propria and Rights in re aliena. The former right is a right, which its possessor can exercise without any interference of any other. The later right aliena is the rights, which a person possesses with respect to the property owned by another.
  6. Primary and sanctioning rights.
  7. Principal and Accessory Rights.
  8. Legal and Equitable Rights.

Ownership:

Ownership in its most comprehensive sense denotes the relation between a person and any right vested in him. Hence it extends to all classes of rights, whether proprietary or personal in rem or in personam in reproperia in realiena

Kinds of Ownership

The Salmond classification is as under:

  • Corporeal and Incorporeal Ownership.
  • Sole ownership and Co-ownership.
  • Trust ownership and Beneficial ownership.
  • Legal Ownership and Equitable Ownership.
  • Vested and Contingent Ownership.

What does legal Person mean?

Persons are of two kinds:

  1. Natural persons: are those in fact as well as in law.
  2. Legal person: is any thing, other than a human person to which the law attributes personality. Legal persons are persons in law and not in fact.

Kinds of Legal Persons

Legal persons can be declassified into three categories 

  1. institutions. 
  2. Fund or Estate.
  3. Corporations.

.......................................................... ..................................................................................................... ......


Copyright © 2001 Mohammad Fida. All rights reserved.