A Project

On
KINDS OF LEGAL RIGHTS

[Submitted as a partial fulfillment of the requirement for B.A.LL.b (Hons.)

5 year integrated course]

Session: 2021-22

Submitted On: "18 January 2022"

Submitted By: Submitted To:

Utkarsh Sachora Ms. Deeksha Sharma

Roll No. - 91 Assistant Professor

Semester- V Section- B

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 Declaration of Originality

I, Utkarsh Sachora, hereby declare that this project titled "Kinds of Legal Right"
is based on the original research work carried out by me under the guidance and
supervision of " Ms. Deeksha Sharma ".
The interpretation put forth is based on my reading and understanding of the
original texts. The books , articles and websites etc. which have been relied upon by me
have been duly acknowledged at the respective places in the text.
For the present project which I am submitting to the university, no degree or
diploma has been conferred on me before, either in this or in any other university.

Date: 18\01\2022 Signature

Name: Utkarsh Sachora

Roll No.- 91
Semester- V Section- B

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 CERTIFICATE

Ms. Deeksha Sharma Date: 18\01\2022

Assistant Professor
University five year law college
University of Rajasthan, Jaipur

This is to certify that Utkarsh Sachora student of semester(V), section(B) of University

Five Year Law college, University of Rajasthan has carried out project title "Kinds of Legal
Rights " under my supervision. It is an investigation of a minor research project. The student has
completed research work in stipulated time and according to norms prescribed for the purpose.

Supervisor

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 ACKNOWLEDGEMENT

I have written this project titled, "Kinds of Legal Right", under the supervision of,
Ms. Deeksha Sharma Faculty of University Five Year Law College, University Of
Rajasthan, Jaipur. Her valuable suggestions herein have not only helped me immensely in
making this work but also in developing an analytical approach in this work.

I found no words to express my sense of graduate for Director SANJULA

THANVI for her constant encouragement at every step.

I am extremely grateful to librarian and library staff of the college for the support
and cooperation extended by them from time to time

Utkarsh Sachora

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 CHAPTER-1
INTRODUCTION

The notion of legal rights is crucial in current legal theory because humans cannot survive
without legal rights that are recognized and implemented. Various jurists have sought to define
legal rights, including the following.
(a) Holland - According to Holland, “A right is a capacity residing in one man of controlling,
with the assent and the assistance of the state, the action of others. Every right gets its validity
by State.

(b) Salmond - According to Sir John Salmond, “Legal right" as "an interest recognized
and protected by the rule of legal justice"

(c) Pollock - According to Pollock "Right is freedom allowed and power conferred by law"

(d) Austin - According to Austin "A person can be said to have a right only when another
or others are bound by law"

(c) Allen - According to Allen, " Right is a legally guaranteed power to realize an interested"

(d) Buckland - According to Buckland "A legal Right is an interest or an

expectation guaranteed by law."

(e) Ihering - According to Ihering, "A legal right is a legally protected interest"

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 ESSENTIAL ELEMENTS OF LEGAL RIGHT
According to Salmond, every legal right has five Essential elements which are as follows-
i) The person of inheritance/subject of the right

The first essential element of the legal right is that there must be a person who is the owner of the
Right. He is the subject of the legal right. He is sometimes described as the person of inheritance.

Example - X purchased a car for 1 million dollars. here 'X' is called subject of right.

The owner of a right need not be a determinant or fixed person. If an individual owes a duty
towards Society at large, and indeterminant body is the subject of inheritance. In the case of the
bequest to an Unborn person, the owner of the right is an Unborn child who is an uncertain
person

ii) The person of incidence / Subject of the Duty -

A legal right occurs against another person or persons who are under a corresponding duty to
respect that right. Such a person is called the person of incidence or the subject of the duty.

Example- If X has a particular right against Y, X is the person of inheritance and Y the subject of
incidence.

iii) Subject matter or Contents of legal rights-

Another essential element of a legal right is its content or substance. Contents of the legal right
deals with the subject matter of the legal rights. It relates to some act to do or not to do any act
or forbearance. It obliges a person to act or forbear in favor of the person who is entitled to the
rights.

iv) Object of the legal rights-

Another essential element of the legal right is the object of the right. The thing or an object over
which the right is exercised is called 'Object of Right'. In above example Car is the object of

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right.

v) Title to right

Title is nothing but the name given to the legal right. Title is a process, by which the right
is vested/conferred. Purchase, gift, etc confers title on person.

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 CHAPTER-2
CLASSIFICATION OF LEGAL RIGHTS

 Right in Rem and Right in Persona - 'Rem' stands for globe, while 'Persona' stands for
people. The right in Rem is accessible against the entire universe, but the right in Persona is
available against a single individual. In most cases, a right in Persona originates from
contractual responsibilities, such as a violation of contract. Right in rem, on the other hand, is
usually the result of legislation. For instance, Tort and Crime.
Right in Persona is generally transitory in nature, which can be transferred in right in rem.
Right in rem is a final thing, whereas right in Persona is transitory in nature.

 Personal and Proprietary Right - A personal right refers to the person who owns the right,
whereas a proprietary right refers to the property of which the person is the owner.
Proprietary Rights are the rights that define a person's property or wealth. These are the
rights that have a monetary or economic worth and are part of the Person's estate. Land
rights, debts, and goodwill, as well as patent rights, are all examples of proprietary rights.
The right to safety and repetition is a personal right. Personal rights, like property rights, are
also vital. For instance, consider the right to reputation. Personal liberties have no monetary
worth. They have anything to do with a person's well-being or standing.

 Positive and Negative Rights - There is a Positive Duty that corresponds to Positive Rights.
As a result, a positive right exists when the person who has the matching obligation is
compelled to perform some positive act. As a result, the individual who has such
responsibility must take some meaningful action.
Negative rights, on the other hand, are those that demand some form of negative action, such
as omission. Negative rights equate to negative duties, and the individual who bears such a
negative responsibility must refrain from performing the act.

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