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| What is legal right |
Legal right is one person,s capacity of obliging others to do or forbear by means not of his own strength but by the strength of a third party. if such third party is GOD, the right is Divine. If such third party is the public generally acting through opinion, the right is moral. If such third party is the stale acting directly or indirectly, the right is legal". the term legal right has been used in two sense.
Firstly, Restricted or Popular sense: The second is Wider sense:.
Besides it the legal right has many of kinds : like wise
Perfect and imperfect rights: is one which corresponds to a perfect duty for example which if enforced by law, it is perfect right and an imperfect right is that which is
recognized by law but cannot be enforced by law due to some impediment. these may be turn into perfect rights.
Positive Rights: a right corresponds to positive duty and the person subject to the duty is bound to do something. A" borrows money to B" it is the right of B that A gave money back to B"
Negative Rights: is corresponds to negative duties the enjoyment of negative rights is complete unless such interference takes place. If i have some money in my pocket and i have a negative right against all others not to disturb it.
Real Rights and Personal Rights: a real right corresponds to a duty imposed upon persons in general. it is available against whole world. real rights are generally a negative rights as the duties
which can be expected from the whole world are of a negative character. i have a right not to be deprived of my life is a real right as it is available against the whole world. Personal rights corresponds to a duty imposed upon determinate individuals. it is available only against a particular person. i have a personal right to receive compensation from any individual who is any way harms me.
Proprietary Rights: of a person include his estate, his assets and his property in many form. they have some economic or monetary value . they possess both judicial and economic importance.
for example the right to debt, and the right to goodwill etc.
Legal Rights: are those which were recognized by common law courts for example right to vote etc.
Equitable Rights: are those which were recognized by the court of chancery, the right of the mortgagor to redeem the property is regarded as a creation of the courts of equity and is an
equitable right known as the equity of redemption.
Primary Rights: are also called antecedent sanctioned or enjoyment rights. these are those rights which are independent of a wrong having been committed. they exist for their own sake. they are antecedent to be wrongful act or omission. right of reputation, right to life etc.
Secondary rights: are also called sanctioning, restitutory or remedial rights. secondary rights are a part of the machinery provided by the state for the redress of injury done to the primary rights, their necessity arises on account of the fact that primary rights are very often violated by the persons. for example right to obtain compensation for defamation to person.
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