We have mentioned earlier that a person is an entity clothed with certain rights and duties. The sources of different rights may be customary, statutory, contractual, tortuous, personal law, etc.
Some of the rights, which a person has, are interest in life, or liberty or property or extending over domestic relations and even to contractual relations. Some of these interests are not recognized or protected by law. The rights recognized or protected by law alone are enforceable. These rights have their origin in some source or the other, such as custom, statutes, personal law, of tort.
There are a number of distinguishing features of rights. Some of these are: (i) A right is always vested in a person but not in an inanimate being or animal or even a dead person. (ii) A right is generally correlative of a duty in relation to the fulfillment of a right. (iii) The right must relate to a subject matter, namely the objects, which in a given case may relate to a person or property, place or a thing. (iv)The nature of a right may be to get something done from another or to refrain him to do something.
Thus, there may be a right to get back the money lent, or to get the house built as per agreement, or to prevent a person to trespass upon your property. (v) Every right can be traced to a source which may be a contract, a custom, a natural law, etc.
By: Tapan
No comments:
Post a Comment