Title and Content : Introduction on legal right Elements of legal right According to Salmond Theories of legal right
Introduction of legal right: According to Holmes : Legal right is nothing but a permission to exercise creation natural powers and upon certain condition to obtain protection, restitutions or compensation by the aid of public force According to Buckland : legal right is an interest or and, expectations guranteed by law Legal right may be constitutional, statutory, regulatory, contractual, common-law, or conferred by international human right law . A legal right can be enforced in court of law against another who has infringed the right Legal right are sometimes also called a civil right and statutory right and are culturally and politically relative since they depend upon on a specific societal context to have meanings Likewise human right which are endorsed by the law passed by parliament are called legal right. it is not necessary that all human right should be recognized and endorsed by the parliament and should come into the form of legal right , it depends upon the political, cultural, and social factors of the country that endorse human right
Elements of legal right According to salmond : The person of inherence (subject ) The person of incidence Content of right Subject matter of right Title of right
Explanation of elements of legal right: Subject : For example, suppose a buys a car from dealer, Have A is subject of right .A is owner, car is used by A, another sense, owner is subject of right because without owner or without subject there is no meanings of right .So that subject is central point of right Person of incidence : Right and duty are correlative. Where A has claim right there dealer and other has duty .here other person bounded correlative duty. So that A has right on car against the entire world Content of right : the content of right comprises the exclusive right of person Object or subject matter of right : car is subject matter of object of right because it exist, protected and recognized by law 5. Title : the title of right is the conveyance by which the owner of its stand
Theories of legal right: Will theory of legal right : this theory has been supported by Kant. Human Hegel and others. According to this theory, a right is inherent attribute. the subject matter of human right is derived from human will Interest theory of legal right : this theory is propounded by jurist Inhering a legal right is legally propounded interest. inhering does not emphasize on the elements of will.