subjective right

Law

2022

We explain what the subjective right is and how it is classified.Also, some examples and differences with the objective law.

The subjective right is based on mutual agreement.

What is subjective right?

When we speak of subjective right, we refer to set of powers, freedoms and legal faculties that individuals possess. They are supported by any admissible reason in right like nature, mutual agreementcontracts) or the legal system (objective right).

The subjective right arises from a law or a contract, through which someone acquires a right over something or someone, by mutual agreement and always within the set of obligations contemplated in the legal framework of the nation. Seen this way, it is about the functions or derivations of objective law.

Classification of subjective right

There are three different ways to classify subjective rights, according to different criteria:

According to conduct due, the subjective right will be:

  • To own conduct. When it allows to do or skip actions.
  • To the conduct of others. When it allows to demand a positive behavior (to do something) or passive (to stop doing something).

According to its effect, the subjective right will be:

  • Relative. When a right is asserted against another person or specifically identified persons.
  • Absolute. When a right is asserted before the whole of the society.

According to its legal regime, the subjective right will be:

  • Public. When it comes to faculties that are asserted against the Condition and they represent the limits that it imposes on itself.
  • Private. When it comes to powers that are enforced against individuals, it is exercised in relations with third parties, or against the State, acting not as a sovereign entity, but as one more legal actor.

Examples of subjective right

The subjective right includes the right to property.

Examples of subjective right are:

Subjective law and objective law

The fundamental difference between objective law and subjective right has to do with the nature of their rules. The second governs the pacts between citizens, as stipulated by mutually agreed agreements such as contracts, that is, it must be built from a Legal standard.

On the contrary, objective law governs the conduct of individuals through the imposition of obligations of some kind, which must be accepted by them and enforced by the State (that is, they are coercive).

This distinction can also be explained as follows: objective law comprises the legal norms that govern life in society; while the subjective right includes the permissions and functions derived from said objective rule.

For example, freedom of expression is a subjective right, since it has its limits and is exercised at the discretion of each person. But that same freedom finds its limits in an objective legal norm, which also establishes responsibilities and eventual consequences of its abuse.

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