Rights Definition PDF

# Rights Definition The right can be defined as "powers and privileges granted to individuals, groups, or all human beings by the law, governing their use and protecting their exercise." This definition shows three fundamental elements of "privileges" to be recognized, governed, and safeguarded by...

# Rights Definition The right can be defined as "powers and privileges granted to individuals, groups, or all human beings by the law, governing their use and protecting their exercise." This definition shows three fundamental elements of "privileges" to be recognized, governed, and safeguarded by law. ## Privileges: | Element | Description | |---------------------|---------------------------------------------------------------------------| | Law Safeguarding | Protection of the right from any potential violation | | Law Organizing | Regulation and management of the right's exercise | | Law Recognition | Legal acknowledgment and acceptance of the right's validity | **Figure 1: Fundamental Elements of Privileges** # Divisions of Rights Rights encompass various aspects, each characterized by its unique nature, purpose, and legal regulation. - One leading categorization distinguishes between public rights and private rights, where public rights are subject to public law due to their association with the sovereignty of the state and the welfare of society, while private rights fall under the view of private law. - The prevailing and preferred classification in jurisprudence is the division of rights into financial and non-financial rights. - **Financial rights** have a quantifiable financial value and are subject to individual financial transactions. - **Non-financial rights** lack inherent financial worth but are protected by law due to their connection to their holder's personality and fundamental interests (Sarhan et al., 2018, p. 154). ## Types of Rights | Type | Description | |----------------|-------------------------------------------------------------------------------------------------------------------------------------| | Morl Rights | Rights associated with the individual's identity and safeguard the person's well-being, encompassing material, moral, and family aspects | | Financial Rights | Rights that have a monetary value and are subject to individual financial transactions, including selling, renting, and mortgaging...etc. | | Non-Financial Rights| Rights that do not have a monetary value, cannot be traded, and are not subject to individual financial transactions. | **Figure 2: Types of Rights** **Two distinguishing characteristics not found in non-financial rights:** - Financial rights are monetized (have a monetary value). - Financial rights are tradable (subject to individual financial transactions), including selling, renting, and mortgaging...etc. **Figure 3: Characteristics of Financial Rights** # Non-Financial Rights Non-financial rights are associated with the individual's identity and safeguard the person's well-being, encompassing material, moral, and family aspects. - These rights do not have any financial value (unmonetized), placing them outside financial transactions (untradable). - They cannot be traded, transferred to others, seized, or governed by any statute of limitations, whether prospective or accrued nor do they factor into a person's financial obligations (Sarhan et al., 2018, p. 155). Non-financial rights encompass various categories, including political, civil, and family rights. ## Types of Non-Financial Rights | Type | Description | |----------------|---------------------------------------------------------------------------------------------------| | Political Rights | Rights related to the individual's capacity to engage in the political activities of the state without discrimination or racism. | | Inherent Rights | Rights given for individuals simply because they are human beings; therefore, they are called personality-related rights. | | Family Rights | Rights granted to a person as a member of a particular family, such as the husband's right over his wife to obedience and the wife's right over her husband to alimony. | **Figure 4: Types of Non-Financial Rights** # Political Rights Political rights represent the individual's capacity to engage in the political activities of the state without discrimination or racism. These rights are closely associated with one's status as a citizen and encompass fundamental privileges such as the right to vote in elections and join with a political party, among others. - Political rights safeguard positive freedom, allowing individuals to contribute to their society's administration actively. - Governmental processes should be structured to ensure that all eligible citizens have the opportunity for political participation, whether directly or by selecting their representatives. ### Privileges of Political Rights: - The Right to Vote entails every individual's power to elect and select political representatives and officials. - The Right to Run grants individuals the privilege to run for political positions and actively engage in the political process as candidates. - Freedom of Expression encompasses the right of individuals to express their political opinions and beliefs freely and peacefully. - The Right of Political Affiliation permits individuals to join political parties and engage in their activities and formation. - The Right to information allows individuals to access political and governmental information transparently and organized. - The Right to participate in local governance includes the right of individuals to engage in decision-making at the local level and identify the needs and issues pertinent to their local community. ### Characteristics of Political Rights: - They are limited to a specific group within the state: Political rights are typically exclusive to a particular group, namely its citizens, with foreigners generally excluded. Citizenship is a prerequisite for exercising these rights, and in some instances, specific conditions may be imposed (Al-Daoudi, 2004, p. 226). - Political rights are more about delegation than personal advantages: The right to vote, for example, is not primarily aimed at satisfying the desires of individual voters but serves the broader purpose of delegating these individuals to participate in the governance of their community and manage its affairs for the collective benefit. This underscores the public interest in political participation (Al-Zoubi, 2010, p. 179). - Political rights are unmonetized, so they are not subject to financial transactions (can not be sold or hired). # Inherent Rights Inherent rights are given for individuals simply because they are human beings; therefore, they are called personality-related rights. The French jurist (Daban) defined them as rights that pertain to the human personality, encompassing various physical and moral aspects, both individual and social. - Law is the source of these rights, such as an individual's right to their body safety. - Therefore, the law does not permit assaulting human life or one's body. - Both civil law and the penal code have established the means and sanctions that ensure every human being can defend their physical entity. - Also, this right includes the right of a person to protect his moral or ethical entity, such as human dignity, reputation, and privacy, among others. - Additionally, these rights encompass all the rights that enable a person to engage in civil activities within the community, such as the right to movement, property, housing, residence, work, and more. ## Types of Inherent Rights: - **Rights related to a person's physical entity:** such as the right to life and bodily safety. Everyone is obligated to respect these rights and not invade them. - Violation of these rights leads to civil and criminal liability for the aggressor. - **Rights related to the moral entity of a person**: - The person's right to their name prohibits others from plagiarizing or disputing it. - The person's right to preserve their reputation and honor. The law criminalizes slander, insults, and false reporting due to their potential to harm human honor and reputation. - The person's right to keep their secrets related to their private life. - The person's right to their intellectual property. - The person's right to exercise their freedoms, such as the freedom to reside and move from one place to another, freedom of thought and belief, freedom of contract, freedom in dealings and opinions, and the freedom to choose one's work. ## Characteristics of Inherent Rights: - Inherent rights are unmonetized; they are associated with the person who possesses them and are inseparable from that person, making them exempt from transactions. - They cannot be disposed of, are not subject to the statute of limitations, and do not pass on to heirs. - Inherent rights are untradable; inherent rights are prohibited from being subject to any agreement, and therefore, their holder may not transfer them to third parties in any form, such as sale or gift, and so on. - Inherent rights do not expire due to the statute of limitations; they do not become invalid due to non-use, regardless of the duration. - For instance, an individual's right to their name does not expire due to non-use, regardless of how long another name may have known them. - Inherent rights are not subject to confiscation and cannot be confiscated and forcibly executed by selling them at a public auction to satisfy creditors' claims of value. - Inherent rights are closely associated with an individual's personality, so they do not transfer to heirs. - Violation of inherent rights results in criminal and civil liability. # Family Rights Family rights are rights granted to a person as a member of a particular family, such as the husband's right over his wife to obedience and the wife's right over her husband to alimony. Additionally, there is the father's right over his son to obedience and the son's right over his father to secure the expenses of education and the necessities of a decent living. # Financial Rights Financial rights are quantified in terms of monetary value (monetized) because they grant their owners privileges and powers with financial significance. - For example, the ownership right grants its owner various powers, including using, exploiting, and disposal. - Similarly, the right of a creditor over a debtor obligates the debtor to either pay a sum of money, hand over something, do an action, or refrain from an action. - These rights encompass personal rights and Real rights. ## Types of Financial Rights: | Type | Description | |-------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Personal Rights| Rights granted to the creditor over the debtor. In such cases, the debtor is obligated to fulfill a financial obligation, which may include paying a sum of money, transferring a thing having of financial value (e.g., a car), or performing work that has a financial value either (e.g., the obligation of a car service center to maintain the car). | | Real Rights | Rights that concern a specific property and can be asserted against anyone who interferes with that property. Real rights regulate the rights that a person acquires over things. | **Figure 5: Divisions Financial Rights** ## Personal Rights, Article 108 of the UAE Civil Transaction Code: Personal rights are legal bonds between a creditor and debtor where the former asks the latter to transfer a real right or the performance or forbearance of an act. - They represent a legal relationship between a creditor and a debtor, under this relationship, the debtor is committed to offering something, performing a specific action, or refraining from doing a particular action in favor of the creditor. - Examples of such rights include: - The seller's right to cash the price from the buyer and the buyer's right to receive the purchased object from the seller. - The tenant's right to benefit from the agreed object and the landlord's right to cash the agreed-upon rent. - The employer's right to obtain the agreed work from the employee and the employee's right to cash their wage from the employer. - The car owner's right to have their vehicle serviced by the maintenance center and the maintenance center's right to cash the expenses of the service. **Examples** - If Fatma agrees with Ali to purchase a mobile phone in return for an agreed sum of money, a legal relationship is established between Fatma and Ali. - Fatma (the purchaser) has the right to receive the mobile phone from Ali, so she is a creditor in this perspective, while Ali (the vendor) becomes the debtor in delivering the mobile phone to Fatma - Ali (the vendor) has the right to cash the price from Fatma, making him the creditor, and Fatma becomes the debtor concerning this price. - When a car owner contracts with an automobile service center to repair his vehicle for an agreed sum of money: - The car owner has the right (the creditor) to receive maintenance services from the service center, which assumes the role of the debtor (the maintenance center) in this relationship. - The service center has the right (the creditor) to receive the agreed-upon financial consideration from the car owner, who (the car owner) becomes the debtor in this financial transaction. - Also, suppose Fatma contracted with a flight company to facilitate transportation from Dubai to Paris in exchange for a specified sum of money (the ticket price). In that case, the following rights shall be raised: - The air carrier holds the right (the creditor) to receive the ticket price from Fatma, who takes on the role of the debtor. - Conversely, Fatma has the right (the creditor) to receive transportation services from the air carrier, which becomes the debtor in providing the transfer service. - In these examples, each party assumes a creditor and a debtor in this relationship because this duality arises from contracts establishing mutual obligations. - From the creditor's perspective, it is called a 'right.' - Conversely, it is described as an 'obligation' from the debtor's viewpoint. - Conversely, when the relationship stems from a harmful act (tort), the injured party has the right to compensation from the actor without being burdened by a corresponding obligation. ## Obligations Stemming from Personal Rights Various forms of obligations arising from personal rights are observed, including: - Payment of money involves obligations such as the buyer's obligation to pay the purchase price and the tenant's responsibility to pay the housing rent. - Delivery of something of financial value, like the seller 's duty to transfer the car to the buyer and the homeowner's obligation to enable the tenant to use the agreed object. - Performing work: This encompasses obligations such as the doctor's commitment to treat the patient and the employee's duty to fulfill the work outlined in their employment contract. - Obligation to refrain from action: This implies that a particular individual refrains from engaging in specific actions to benefit another person in a manner they would not have been obligated to do without this obligation. Examples include the seller of a commercial shop being obliged not to open a competing shop in the same location, the employee's commitment not to work for a competitor of their current employer, the tenant's obligation not to sublet the leased property without the landlord's consent, and the obligation of an individual not to engage in activities that could harm others. **Figure 6: Forms of Obligations** ### Sources of Personal Rights (Obligations), **Article 124 of the UAE Civil Transactions Code** Article 124 of the UAE Civil Transactions Code introduces five sources for personal right. Personal obligations or rights derive from the legal acts of disposal and facts and from the law. - The contract - Unilateral act - Tort - The beneficial act - The law - A contract is an agreement between two or more persons to create legal effects establishing rights and obligations. - Tort involves breaching a legal obligation to avoid harming others, even without a contractual relationship between the wrongdoer and the injured party. # Real Rights Emerging from Latin origins, the legal concept "rights in rem" is commonly applied in property and real estate law and is often rendered as "real rights" in English. - **Article 109 of the UAE Civil Transactions Code** defines real rights as: "a direct authority over a specific thing given by the Law to a specific person." The right owner exercises a direct privilege over a specific object, animal, or plant. - For instance, the car owner can use it for transportation, rent it to others, sell it, mortgage it, or gift it... etc.,. - Also, when someone leases a car from the owner for a specified period, the lessee possesses the rights and authorities legally recognized for an individual over an object are confined to the following set of rights: - **Figure 7: Prescribed Rights Over Objects** ## Types of Rights Over Objects - **Using Right:** This right grants an individual the authority to use the thing for personal or family purposes, per its intended purpose. - However, significant changes to the thing are not permitted. - This right is inherently granted to the owner in addition to all rights mentioned below. - Furthermore, the owner can temporarily transfer this right to others through lease contracts. In such cases, the tenant gains the right to use it for personal or family purposes without making substantial modifications unless authorized by the owner. - For example, suppose the landlord of a residential apartment (Ali) agrees to rent the apartment to Ahmed for a year in return for an agreed monthly rent. In that case, Ahmed receives the right of use from the landlord for that duration while the landlord retains the other rights mentioned below. - **Exploitation Right:** This right grants its owner the privilege to exploit things for financial gain or profit, such as establishing commercial or agricultural ventures on a piece of land. - The usufruct right is an illustrative example of this right. - The holder of this right is legally permitted to modify the subject of the right in accordance with the intended purpose. - For instance, if the landlord grants another party a 20-year usufruct right for agricultural purposes in exchange for an agreed sum, the usufructuary can establish plantations and use the land for investment and profit during the contract's term. - At the same time, the ownership remains with the landlord. - In some countries where foreigners are not allowed to own real estate, this right (usufruct right) permits them to benefit from such properties without actual ownership. - **Disposal Right:** empowers the holder to undertake legal actions and physical acts concerning the object that is the subject of this right. - Legal transactions include the right to vend, lease, or otherwise convey their property to third parties, contingent upon legal or contractual restrictions (Sarhan et al., 2018, p. 165). - It should be mentioned that this right is granted to the owner only. - The owner has the right to transfer the ownership rights to others through sale or gift, thereby passing on all rights associated with ownership. - Also, the owner has the right to lease the owned item to third parties, thus granting them the right to use it. - The owner can secure a loan from any bank by using the owned item as collateral to guarantee debt repayment. - Physical acts refer to any substantial alteration of an object, be it an increase, decrease, or removal. - It encompasses physical alterations, enhancements, or adjustments on real property to increase utility, worth, or functionality. - This can include building a road on agricultural land, demolishing a house to replace it with another, or transforming iron into a garden gate. # The Principal Real Rights The principal real rights are specifically outlined in **Article 110 of the UAE Civil Transactions Code** and encompass property rights, usufruct, and use. - **Figure 8: Types of Real Rights** ## 1. Property Right Property rights encompass the authority of the landlord to exercise complete authority over their property, including use, exploitation, and disposal, conditional that it is subject to legal constraints (Art. 1133 UAE Civil Transactions Code). - It is the legally recognized entitlement of an individual to control, oversee, and make decisions regarding a resource, whether it's land or personal property. ## 2. Usufruct Right A usufruct right grants its owner the right to use and exploit the object of the right. - It is a legal right given to an individual or entity, permitting them to temporarily usufruct the earnings or benefits derived from another person's property. - The person or entity granted the ability to utilize the property via usufruct is commonly referred to as a usufructuary. ## 3. Using Right The right of use is a principal real right governed by the provisions of articles 1349 to 1352 of the UAE Civil Transactions Code. - This right grants its holder the power to utilize an item owned by another individual per the terms established for them and in harmony with its inherent nature (Art. 1349). - When this right applies to real property, it is referred to as the housing right and is governed by the same rules and clauses that apply to the right of use. - For instance, consider a scenario where a residential apartment owner grants the use rights to another individual, permitting them to use the property for its intended purpose. Under this right, the user can live in the property for personal or family use but is prohibited from commercial exploitation or leasing. - Conversely, the holder of this right can make minor adjustments to the property, such as painting or adding decorations, as long as the original purpose remains unchanged. # Review Questions **First: True/False** 1. Political rights are classified under financial rights. **False** 2. The vendor's right to receive the price from the buyer is also a personal right. **True** 3. Non-financial rights are those that have financial value. **False** 4. Political rights do not have financial value. **True** 5. The right to life belongs to political rights. **False** 6. Real rights and personal rights belong to financial rights. **False** 7. Family rights belong to financial rights. **False** 8. Financial rights, by definition, lack direct financial value. **False** 9. An individual can sell their right to vote to others. **False** 10. Family rights are granted to individuals simply by their humanity. **False** 11. Individuals can transfer their family rights to others. **False** 12. The buyer's right to receive the sale from the vendor is a personal right. **True** **Second: Multiple Choice** 1. Real rights are: - **_Financial rights_** - Non-Financial rights - Moral rights - All answers are true 2. Belong to financial rights are: - **_Real Rights_** - Personal right 3. The right to vote in elections is: - Family Right - **_Political Right_** - Real Right 4. The Relationship between the creditor and debtor is: - Personal Right - Real Right - **_Family Right_** - Political Right 5. The Right to life is: - Financial Right - **_Non-financial right_** - Political Rights - Moral Right 6. The doctor's obligation to treat the patient shows: - Personal Right - Real Right - **_Family Right_** 7. Examples of personal rights are: - **_All answers are true_** - The obligation of a construction contractor to build a house. - The seller's obligation to transfer ownership of the sold to the buyer 8. The Property Right is: - Personal Right - **_Real Right_** - Family Right - Non-Financial Right 9. The right to use is: - Personal Right - **_Real Right_** - Family right - Non-Financial right