Elements of Private Law

Elements of Private Law

In this Article, the author will cover the main elements of private law. There are 2 main elements of private law – personal and social or subjective and objective element.

Subjective element

Subjective rights are specific rights that belong to the subject. The subject can be a man, country, or organization. For example, subjective right is right to work or right to property. According to the theory of natural rights, human rights are natural and therefore everyone, particularly State, must recognize these rights. Any law should provide these Subjective rights.

This means that the given legal order empowers the individual to obtain a certain treatment, at the discretion of the individual, under the coercive authority of the State, which means that the exercise of subjective rights depends on the vested will.

Subjective rights have two smaller elements  – relative rights and absolute rights

Absolute rights

Absolute right is subjective right that faces an unspecified circle of persons and obliges to refrain from any activity that limits absolute rights. Since the infringer on absolute rights can be any person, the law protects absolute rights from anyone and each. Some property rights are also absolute rights.

For example, an authorized person may require respect for his or her rights. Absolute rights are expressed in the right of possession, it is in all cases and related matters (property rights, pledge rights, building rights) they refer to tangible cases. The right of possession may also cover intangible rights (trademark, model, patent rights).

Relative rights

Relative rights are those which, unlike absolute rights, oppose by the obligations of the person. Typical examples of Relative rights are liability rights, i.e. rights arising from contracts, legal facts on the basis of which the relationship between the rights of the individuals concerned arises. The fulfillment of the obligation of a relationship of liability shall be the debtor, the person who is required to carry out a certain activity or to refrain from it in favor of the creditor. For example, the seller must transfer the case to the buyer in its ownership or operational management.

The state must protect Relative rights from breaches of a given person and not from any and every person inherent in absolute rights. However, in a separate legal relationship, persons with relative rights may also have absolute rights which are not subject to the obligation of certain persons to refrain from acts corresponding to the exercise of those rights. For example, these are the rights of the property tenant, storage, carrier based on contractual obligations, as well as family law elements such as maintenance requirements and claims arising from bequests.

Objective rights

Those are the rights governing and regulating the behavior and relations of people in society. Those are the set of legal norms in force in the given country, which determine the state of each person in the country. It determines what to permit and what to prohibit.  They are a summary of legal norms not applicable to any particular person.

For example, Person A is entered into with a purchase-sales agreement of Person B by purchasing a  car. This contract gives A right to the car and he has the right to return it to Person B.

B has an obligation to return a car under contract. Also, B has the right to charge the A purchase price, and A is obliged to pay that price. A and B have concluded a contract on the basis of the objective legal provisions governing the purchase-sale contract.

Characteristics of objective rights

At first, they contain general rules for all similar cases, but on a case-by-case basis. Secondly the rules of impartial law, as orders of public authority, are binding. In the event of disobedience, the state’s power forces them to be enforced with coercion.

Personal rights

In a special group of elements of private law, we should divide Personal rights. Those are special personal rights that no one can distribute and entrust to others. Personal right is fundamental rights, the right to live, the right to physical integrity, the right of honor. These right are also freedom of expression, respect, freedom of choice of trade, the freedom to acquire property.

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