According to Salmond, “an in re aliena right restricts or deviates from a more general right to which another person is entitled in respect of the same object – the object. All other rights that are not limited are rights in re propria. The owner of the movable property has the right of ownership, because it is his property. The commitment is just in Aliena because it is about someone else`s property. The question whether, in criminal proceedings, a request for a reservation is legally admissible, since a right in rem (right in rem) corresponds to an obligation that is generally imposed on persons, while a personal right (droit in personam) corresponds to an obligation imposed on a given person. A real right is available against the whole world, while a personal right is only available against a particular individual. The right in rem is the right that is available against society as a whole. For example: – a crime committed under I.P.C. because it is a crime committed against the state. According to Dean Roscoe Pound, legal rights mean; There are three main theories about the nature of legal rights, they are; A popular illustration cited by Salmond satisfies all of the above elements of legal rights. It is as follows: A perfect right is enforceable by the court. According to Salmond, a perfect right is a perfect duty.
An imperfect right, on the other hand, is recognized by the State, but is not enforceable by law. It is not in a position to take enforcement action; they are not perfect. For example, time-barred claims, claims that are unenforceable due to a technical lack of evidence such as the absence of stamps in case of non-registration, claims against foreign states or sovereigns, debts to an executor of the estate he administers. In all these cases, the rights are imperfect. There are different types of rights that are classified by different lawyers. The rights can generally be classified under the following headings: In Chatra Kumari Devi v. Mohan Bikaram, the Privy Council concluded that Indian law does not recognize legal and just successions. Legal rights are those recognized by the common law courts in England and equitable rights are those recognized exclusively by the Court of Chancery.
It is also the State that enforces the rights and obligations created by these rules. The legal concept is therefore of fundamental importance in the modern legal system, as rights are indispensable for all civil societies. The secondary right is the resale right or the ancillary right. They are not important, but they are ostensibly for fundamental rights. The purpose of the law is an essential element. It deals with the purpose of the law. It is associated with doing something or abstaining from certain actions or tolerances. It forces the person to bow or act in favor of the person who has a legal right. Example-Y buy a van for Rs 20,000.
Here, Y is the question of law. Object (Y) has a legal right and may exclude others. The Latin term for law is rectus, which means “right.” Rights are the essential prerequisites for social life, which lead to general development. According to Julious Stone, a “right” means -2. Theory of the law of the will: “Rights are an inherent attribute of the human will.” The right to expression and self-assertion is part of the freedom of the individual, which is inextricably linked to man and his individuality. Man would feel powerless if there were not such natural freedom. All-natural rights are essential to the development of man in his life, provided that man does not use these rights for illegal things. The theory of will was extended by the doctrine of natural rights, which explained that there were certain areas of personal life in which the state could not legally intervene.
The proponents of this theory are Hegal, Kant, Locke and Hume. On the other hand, Duguit criticized the fact that the will is not an essential element of the law. He says that the right of the individual is overestimated and not his duties. He calls this theory of subjective law a simple physical abstraction. (2) This interest is recognized and protected by the rule of law “justice” and the law. In Daniel v. State[1], the Madras High Court explained the main contributions of the law as follows. A legal right to which a person is entitled and which can be distinguished as the right holder, as a subject or as a “person” from “inherence”. Therefore, there can be no legal claim without a subject or a person who owns it. Purpose here refers to the person who is entitled to the rights.
Therefore, a right without a subject or without a person who possesses it is unthinkable. The right holder does not need to be secured or identified. A right can belong to society, on the whole it is indefinite. Rights are a logical cause of action, but obligations are not a logical reason for action. In some cases, an imperfect right is sufficient for equality. In short, therefore, any right implies a duty to someone. There can be no right without a corresponding obligation, and there can be no obligation without a corresponding right. b. Serfdom refers to the right to restricted use of parcels of land.
The land does not need to be accompanied, either by ownership or ownership of it. Real rights are more important than personal rights because they are accessible to the whole world. A person`s right to peaceful occupation and reputation is just in rem, while the right to receive rent from the tenant and the right under the contract is in personam. In personam rights are generally positive and rights in rem are negative rights. Salmond criticized this theory on the grounds that it completely neglected the element of state recognition. A legal claim must not only be protected by the State, but also recognized by it. In State of Rajasthan v. Union of India[1], the Supreme Court noted that “legal rights in the narrow sense are correlations between legal obligations and legal rights are defined as the interests that the law protects by imposing obligations on other persons.
But legal law in the narrow sense means that law is immunity from someone else`s legal power. Immunity is not a submission at all.” Negative rights are the rights that prevent the person from taking certain measures. Negative duties correspond to negative duties. The person on whom such an obligation is imposed is prevented from performing certain actions. It is very obvious that legal rights and obligations exist simultaneously and are linked to each other. So we can see a natural correlation between these two. The difference may be clarified by illustration, an attack is a violation of the private law of the person attacked, but the avoidance of military service, if it is compulsory, constitutes a violation of the State and constitutes a violation of public law. A public law is enforced by the State because the State is the public intervenor. Property rights are saleable, while personal rights are not saleable. There is a inheritance factor in property rights that do not exist in them.
Property rights are more static than personal rights. In simpler terms, this means essential claims recognized by civilized society and enforced by the state.