The subjective right is the right that people have to decide , fight or object to any aspect that is necessary for them, it is a human condition provided by general law. Although the subjective right is part of the objective right , they have characteristics that reflect their differences. Human beings have the power to change their subjectivity depending on the situation or the place where they are, and their abilities can be applied as a situation arises. The subjective right respects the objectivity of the law, whose laws and legal formsestablish a specific order, and all people must abide by it. It includes a contract or a law, through a compliance agreement, to be able to carry out said right on another subject in particular.
It is the freedom that a person has to be able to make their own decisions, in other words it gives them different powers so that they can act correctly in legal life.
- What is subjective right?
- Characteristics of the subjective right
- Importance of subjective right
What is subjective right?
The subjective right consists of a group of faculties and legal powers that a person possesses in a natural or innate way . It can be said that it consists of an admissible contract in law. It is a power that is recognized through the legal system so that the person exercising first of all their right to freedom acts in the way that is the most correct to be able to find satisfaction to their needs and interests, always protecting their defense, although always delimited by the general interest of society .
It consists of the power that a person has by law to perform specific acts through a power of attorney granted thanks to legal norms and that serve to seek the satisfaction of interests that deserve the protection of the right.
Characteristics of the subjective right
The most important characteristics of the subjective right are the following:
- There will always be a subjective right if there is a legal relationship .
- It is born through a legal norm , be it a law or a contract.
- It implies the free decision – making of human beings.
- It includes the traditions and cultures of men for decision making.
- There is a fine line between right and wrong .
- It seeks to find solutions to the problems of human beings.
- It contemplates situations , laws and sanctions that can be applied to an offense.
- Advocates for the solution and analysis of situations.
- It goes hand in hand with ethics , morals and good principles unfounded by conscience and by the obligation that human beings have with society.
- It proposes freedom and order .
The subjective right has three different elements that are the following:
- The faculty or the possibility of acting: This means that this type of right is exercised within society and among the people who inhabit it.
- The obligation : The obligation occurs in an individual who is active within society or who has a power or right ownership and a subject who is passive on whom the obligation falls. This obligation may consist of doing or not doing something, or refraining from doing something.
- The rule : It is in charge of establishing the relationship that exists between the power and the obligation . The subjective right will always be based and grounded in the norm.
The subjective right can be classified as follows:
- Classic :
- Real rights : they are given through direct and immediate power over things. These rights are exercised against undetermined subjects.
- Rights, obligations or credit rights: they consist of giving, doing or not doing a certain thing.
- Modern :
- The rights of freedom: in this type of right the will of the holder has little relevance.
- The claim rights: in it the will of the owner is conclusive when its effectiveness is required.
- The rights of legal modification: the will of the owner achieves its maximum degree. It gives the owner the possibility to create new situations or legal relationships, and to modify or terminate those that already exist.
Since times gone by, man in his desire to grow constantly has undergone changes that have allowed him to survive to this day, changes in the social sphere to relate to others and to be able to live in groups or clans . The first dividing line between the rulers and the ruled was established in those times .
In the Middle Ages , man sought a way to impose his strength on others but with the passing of time the gods appeared and with them the divinity and the sacred. Then a series of moral and religious rules arose that prohibited things from individuals, even if someone disrespected them, they could be sentenced to death.
Importance of subjective right
Subjective law is of great importance for the science of law in general because it empowers the individual to initiate the procedural action and to claim through a trial of legal claims . It also has a very important role in public law, criminal law, administrative law and, above all, in constitutional law , since the so-called human or fundamental rights are subjective rights.
Some examples of subjective rights are the following:
- The right to life
- The right to free expression
- Right to sell something that you own
- Donation right
- Right to collect a debt
- Right to liberty
- Right to vote