On the other hand, it is quite possible to talk coherently about ownership in a way that does not necessarily correspond to the legal situation. For example, a parent may tell a young child that a certain toy belongs to them, even if it legally belongs to the parent. Similarly, it may be plausible to argue that the concepts of property and possession, even if less solidly protected, may exist in societies that have nothing that we normally recognize as a legal system in its own right. Some may take such examples as an indication that the notion of ownership is not essentially legal, while others tend to think that they are merely metaphorical extensions of a concept that is legally based. The powers also illustrate a general problem in the analysis of legal claims and arguably rights in general. Namely, whether an element is to be regarded as forming part of the essence of the concept of right or whether it is merely an element of what its content is (conditionally), that is to say, what a right exists or is to be obtained. For example, suppose X leaves a sum of money to Y according to his will, provided that Y reaches the age of 21. The provision may need to be properly understood under the rules of the legal system that Y is only entitled to the money if he was 21 years old at the time of X`s death. But it may be that the right way to understand it is that Y, even if he has not reached 21, when X dies, acquires a right to money, but he does not have to be paid until the age of 21. A practical difference is that, in the latter case, the right may pass to the titular successor of Y if, after surviving X, Y nevertheless dies before the age of 21.
In the latter case, lawyers refer to the right as “acquired”. There can be many complex legal regulations regarding this type of situation, and they vary greatly from jurisdiction to jurisdiction. Reference should be made to textbooks, in particular on testamentary succession, in the jurisdiction. The ancillary right is the resale or accessory right. They are not important, but they are supposed to correspond to the fundamental right. ➢ Heir or subject of the legal object: This is the person who holds the right. That is the purpose of the act. These people are called hereditary persons. Even if the property is bequeathed to the unborn, even if it is not secure, the unborn child still owns it.
Constitutions also differ according to the extent to which human rights recognized by international law or international treaties are recognized in domestic law. In some European countries, for example, the European Convention on Human Rights and related decisions of the European Court of Human Rights are transposed into national law and take precedence over any national law incompatible with them. In others, such as the United Kingdom, the courts must interpret legislation as far as possible so that it is compatible with the Convention, but do not have the power to remove it, even if they consider it manifestly contradictory. Right in persona means right that is available against a person. Example of breach of contract. In the event of breach of contract, the party who performed the act must bring an action against the offending party. The right in person is temporary in nature, which can be converted into a real right. Just wealth is a permanent nature.
Rights of recourse are those arising from a breach of a primary right. Of course, they also flow from the law, for example an obligation to apologize or remedy, even if there is no legal obligation to do so. But legal remedies tend to be more precise and, by the very nature of the law, institutionalized. Public law is the right exercised by the State. Example – right to vote, right to use roads, etc. Private law is exercised by a person for his personal benefit. Example: right to sleep, right to clean water. There has been a lot of discussion among philosophers about the types of entities that can hold rights. Consistent with the general dispute over the nature of the rights themselves, some have argued that any entity that would benefit from the performance of legal obligations by others may be a rightholder; others that it must be an entity that has an interest; others that it must be an entity capable of exercising some kind of control over the relevant legal apparatus. And there are variations of all these positions. Many of the related issues are not limited to rights, but are shared with duties and powers, so only a brief overview is given.
Even looking only at property, there is debate among theorists about how this should be analyzed. Some see it primarily as a collection of other property rights over certain content, such as ownership, income, etc., while others see it primarily as a structural relationship between rights, with content being relatively irrelevant. For example, as a person to whom possession or use, even if it currently belongs to others, would ultimately revert if a certain series of eventual events occurred. Everyone has the right to an effective remedy before the competent national courts for acts that violate the fundamental rights conferred on him by the Constitution or by law. The question here is whether there are fundamental aspects of rights that are exclusive, or at least more important in legal systems, as opposed to morality. The main right is the most important right. It is the fundamental right to which an individual is entitled. Salmond`s opinion: He supports the theory, but he notes that adherence to the theory is an important condition. He criticized the theory of local interests An acquired right is a right that belongs to the person from the beginning. No event is required for the transfer of an individual`s rights. It depends on the current situation.
The fundamental rights guaranteed by the Constitution of India are: ✓ Article 14: Right to equality In the above examples, we can say that, unlike the legal type, the legal sign arises only when the condition of its instantiation is triggered. But legal systems sometimes say that the legal sign exists before the conditions for the exercise of the right are met. Essentially, it is the difference between the statement “if p, X is entitled to A” and “X is entitled, if p, to A”. In the latter case, the implication that the right token exists now is not just that it will exist. Why should we say that? One of the proposed responses is that, contrary to morality, legal systems have developed sets of rules for the transfer of rights even before the condition for triggering the exercise of the right has arisen. The theory of interest was developed by Rudolf von Jhering. Rudolf von Jhering said that legal rights are interests protected by law, and he emphasizes the interests of the people, not the will of the people. The main objective is to protect the interests of individuals and avoid conflicts between personal interests. They are interested in the life of the community itself and are not bound by any law. ➢ Legal title: Title is the process of transferring or transferring rights to a person. These are certain events to which the former owners have received their rights, such as purchases, gifts or wills. Ownership and | Rights | Rights: | Rights: of children ➢ Duty in matter and duty in personam: Duty in person is duty in relation to the ownership of goods, while duty in personam is duty in relation to human dignity and transitional rights.
According to him, the basis of the law is not a subjective will, but an objective will. The purpose of the law is to protect only those actions that further support social solidarity. He went on to explain that subjective law theory is a metaphysical abstraction. We can conclude that rights and obligations coexist. In Salmond`s words, it can be said that no right exists without the corresponding right. Every duty of the person must be a duty to a person who has the right and, conversely, every right must be directed against certain persons to whom a duty is imposed. Negative rights are rights that prevent the person from performing certain actions. Negative rights correspond to negative obligations. The person to whom this obligation is imposed is prevented from performing certain acts.
➢ Physical and intangible rights: Both rights are protected by law. Corporeal rights are rights in tangible or material property. These rights refer to rights to objects that can be viewed or touched. Intangible rights are rights to objects that cannot be seen or touched. Example: the right to reputation. As a rule, the remedies themselves are combined with other remedies, such as: having a coercive order imposed by the court, possibly under penalty of a penal or quasi-criminal sanction, or making arrangements for the freezing or forfeiture of a person`s property if, for example, someone has not paid damages previously awarded by the court.
