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The concept of subjective rights and its kinds

Publication at Faculty of Law |
2013

Abstract

In the eleventh chapter the author delves into subjective rights. The concept of subjective right is embedded in objective law as a capacity of some subject.

This capacity or right is then always linked to a corresponding duty. Thus, the subjective right or capacity is a possibility to act in a way that is approved by and allocated to the subject by law.

Since this right is primarily only in modality of possibility it is dependent on many other factors whether the right will also be performed. The object of a capacity is a type of action that can be divided into four groups – dare, facere, omittere, pati.

The subjective right can be distinguished by a number of criterions into absolute/relative rights, private/public rights, substantial/procedural rights or immature/mature rights etc.