Rights, Title & Obligations
1. Legal Rights: Nature, Objects, and Titles
- Legal Right: An interest recognized and protected by a rule of law and morality (True).
- Object of Right: The physical or immaterial thing on which the right is exercised is called the Object of that right.
- Title: The de facto antecedent (fact/event) of which the right is the De jure consequent (legal outcome).
2. Classifications of Rights and Judgments
- Jus in rem: Literally interpreted, it means a right against or in respect of a Thing (valid against the whole world).
- Judgment in rem: A court judgment regarding status or property that is binding and applicable to Everyone (not just the parties in the case).
- Jura in re propria & Jura in re aliena: Divided by civilian jurists, these represent Rights ownership and encumbrances (ownership of one's own property vs. rights over someone else's property, like a easement).
3. Obligations and Liability
- Ordinary Obligation: A moral or legal bond (True).
- Solidary Obligation: An obligation in which two or more debtors owe the same thing to the same creditor.
- Remedial Liability: A civil liability where the sole intention of the law is to enforce the plaintiffβs right (e.g., pay damages or return property) and not to punish the wrongdoer.
- Romans on Personal Rights: The law of personal rights was called by the Romans jus quod ad personas pertinent or jus personam.
4. Intent, Negligence, and Civil Wrong Categories
- Intention: The purpose or objective of doing an act, or the ill-will behind it (All of these).
- Negligence: This stands side-by-side with wrongful intention as a formal ground of responsibility (mental state / mens rea).
- Law of Torts: As defined by Salmond, the Law of Torts is the law of civil injuries other than breaches of Contract.
- Private Laws: Laws that govern the relationships and disputes between private citizens (e.g., contracts, family law) (True).