Define Legal Right and explain its essential elements.

0
3668

Q. 4. Define Legal Right and explain its essential elements. 

Ans. Definition of Legal Right—The different jurists have defined legal right in different ways —

1. According to Holland, “A right is the capacity residing in one man of controlling, with the assent and assistance of the state the actions of others.”

2. According to Austin, “Right is a faculty which resides in a determinate parly or parties by virtue of a given law and which avails against a party or parties other than the party or parties in whom it resides.”

3. According to I hering, “Right is a legally protected interest.”

4. According to Salmond, “A right is an interest recognised and protected by a rule of right.” It is an interest respect of which is a duty and disregard of which is a wrong. Paton also agrees taat one of the essential conditions of a legal right is that it should be enforceable by the legal process of the State. He, however, says that there are three exceptions to this rule —

(i) It is not necessary that the state should always necessarily enforce all the legal rights. There may be cases when instead of enforcing a right, the state may redress the wrong by; getting compensation paid to the injured party.

(ii) There are certain rights which recognised by law but not en-forced by it. For Example —In a time-barred debt, the right of the creditor to recover the debt is an “imperfect right”.

(iii) There are certain laws which do not confer, right of enforcement to the courts, therefore, their enforcement is not possible although they are recognised by law e.g., International Court of Justice has no power to compel enforcement of its decrees under the International Law.