Unit 2- Law And Rights Flashcards
1
Q
What is a right?
A
- a legal relationship between a legal subjects and the object of the right
- a relationship between the legal subject and other legal subjects
2
Q
Who is a legal subject
A
Anyone who is subject to the norms of the law and who also may be the bearer or rights and duties
3
Q
What is the object of a right
A
Anything that is of economic value to people (many cost a lot of money, be scarce or useful)
4
Q
What are the four classes of rights?
A
- real rights (object: a thing)
- personality rights (object: personality property)
- intellectual/immaterial property rights (object: a non-tangible creation of the human mind)
- personal rights (object: performance)
5
Q
Real rights (rights to physical, material things)
A
- eg ownership, pledge, servitude
- owners can freely use, alienate and destroy property
- pledge: give moveable thing as a security for a debt, pledge does not have same powers as owner ie limited real right
- servitude: right of way one person has been given over the land of another person, may only use owners land for certain purpose ie limited real right
6
Q
Personality rights (rights each one of us has to parts of our personality)
A
- right to physical integrity
- right to good name and reputation
- right to your honour
7
Q
Intellectual property rights (relate to the creations of the human mind)
A
- copyright over book, work of art, invention, trade mark
- also called immaterial property rights
8
Q
Personal rights (right to performance)
A
- also called claim
- human action of doing something or not doing something
- eg delivery of something by seller, payment by buyer or services of an employee
- eg former employee may not compete within particular area due to contract
9
Q
Connection between the law and rights
A
- the content of a right is limited
- rules of law that decide what powers the right holder has and what limits there are to the content of the right
- when a legal subject has a right the other legal subjects have a duty
