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Essentials of Legal Rights
1. Introduction:
The law consists of certain types of rules ragulating
human conduct, which provides and sometimes define the right and duties of
subjects. The administration of justice is concerned with enforcing such rights
and duties in this regard, the conception of legal right is accordingly one of
the fundamental significance, in this legal theory.
2. Meaning:
Right is the term of
old English which has more than one connotation. It means “just, morally or
socially correct” true, suitable, preferable. Legally “right” signifies to “legal
or moral entitlement.”
3. Essentials:
i. Subject/Owner of Right:
The first essential
element is that there must be a person who is the owner of the right. He is
sometimes described as the person of inherence.
ii. Subject of Duty:
A legal right occurs
against another person or persons who are under a corresponding duty to respect
that right.
iii. Content/ Substance of Right:
Another essential
element of a legal right is its content or substance. It may be an act which
the subject of incidence is bound to do or it may be a forbearance on his part.
iv. Object of Right:
Another essential is
that there must be something over which the right is exercised. This may also
be called the subject-matter of the right.
v. Title to the right:
There must be a title
in the owner, i.e. certain facts or events by reason of which the right has
become vested in the owner.