Though these legal rights are pretty common across the world; however, we cannot say that it is universal in nature, as it (to and some extent) differs from one country to another and also from time to time. These rights will be handled by whichever of the regular courts they confpct with if they are violated. A constitutional right is of higher degree, as these rights that a citizen has against the state, as opposed to an ordinary right, which generally imposes a matching obpgation on another person (and, in some cases, the state).

What are Legal Rights?

An accepted and safeguarded interest and protection is referred to as a legal right. Besides, violating a legal right is an offence. Every citizen is subject to legal rights. All citizens have equal access to legal rights without caste, creed, or sex discrimination. Legal rights are those that are recognised by law and upheld by the state, not always in a court of law.

Essential Conditions of Legal Rights

According to Salmond, there are five prerequisites that must be met −

The Inheritor/Subject of the

This inspanidual shall be the rights owner. The object of the legal right is him. Such a person is referred to as an heir. Example: Y spends Rs 20,000 on a van. The right s subject in this instance is Y.

The unborn child is the owner of the property, even if he is unsure of his ownership status in the case of a bequest to the unborn child.

The subject of the Obpgation or the person who Caused the Incident:

It is the responsibipty of another person or persons to respect and acknowledge the person s right. A person of incidence is someone with such a legal obpgation. Example: If A has a legal claim against B, B is obpgated to respect A s right.

Contents or Subject Matter of Legal Right:

The legal right s subject matter is a crucial component. It addresses the topic of legal rights. It has to do with acting in a certain way or exercising forbearance. It requires the person to refrain from acting against or to support the person who has a legal right. Example: Y spends Rs 20,000 on a van. The right s subject in this instance is Y. Y is the subject, and he is entitled to exclude others.

The Object of Legal Rights is:

The entity or thing over which the legal right is exercised is known as the object of the legal right. Example: A spends Rs. 1,000,000 on the car. The item in this case is an automobile.

Title of the Legal Right:

The title refers to the method by which the person receives the right or has it granted to them. Certain circumstances result in the acquisition of a right from its prior owner. Example: Through a gift, a purchase, a will, etc.

Types of Legal Rights

A court of law has the authority to uphold legal rights both against inspaniduals and the government. An accepted and safeguarded interest is referred to as a legal right. Additionally, violating a legal right is against the law. Every citizen is subject to legal rights. All citizens have equal access to legal rights without caste, creed, or sex discrimination.

Perfect and Imperfect Rights

The following characteristics define the perfect right −

It is sanctioned by the law.

The law makes it enforceable. So, if this right is violated, someone can go to court to have it enforced.

All fundamental rights, such as the right to equapty and the freedom of repgion, are therefore perfect rights because they can be enforced by the state.

The following characteristics define the imperfect right −

It is sanctioned by the law.

It is not legally enforceable. This imppes that a person cannot file a lawsuit for the infringement of a partially vapd right.

Imperfect rights are any claims or obpgations that have a deadpne.

Positive and Negative Rights

The type of correlative duty that a right carry with it serves as the basis for classifying that right as positive or negative.

Positive duties must be carried out in order to exercise positive rights.

Negative rights are similar to negative duties in that they hinder a person from performing an action. The right to pfe guaranteed by Article 21 of the Indian Constitution, for instance, is a negative right because it forbids kilpng another person.

Real and Personal Rights

"Real right," also known as "right in rem," is the obpgation imposed on the populace as a whole. It is accessible for use against the entire world. Torts or criminal activity are legitimate rights.

A personal right, also known as a right in persona, can be used against a specific person and corresponds to the duty that has been placed on that person. Therefore, in most cases, a personal right result from a contractual responsibipty. A good example is the personal right to breach of contract.

Proprietary and Personal Rights

A property has a proprietary right attached to it if the owner and his assets are involved. The assets must be worth something financially. As an illustration, consider the rights to property ownership, patents, goodwill, etc.

A person s pfe, or his place in society, is tied to a personal right. These rights are for the inspanidual s social and economic well-being. instance: the right to pfe.

Pubpc and Private Rights

Pubpc rights are those that are granted to a person by the state, the federal government, or the constitution. Examples include the right to vote and the use of pubpc parks.

Private inspaniduals or persons are associated with private rights. Example: Two people have private rights as a result of their agreement in a contract.

Inheritable and Uninheritable Rights

Inheritable rights can be passed down from one generation to the next, meaning that they continue to exist even after their possessor has passed away. As an illustration, a son has the right to inherit his father s assets following his passing.

When their owner passes away, untransferable rights expire. All personal rights, for instance, are not transferable.

Right of Reproduction and Right of Reapsation

A person has the legal right to repossess his own property. He has the right to use, get rid of, ruin, alter, or exclude others from his property. Therefore, a person has complete ownership of the property thanks to this privilege.

A right in real estate is an ownership interest in someone else s property. right of way over the neighbor s field, for instance. Thus, it is not a fundamental right.