Evidence of Hohfeld Jural Analysis in Indian Legal System

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C E R T I F I C A T E

The project entitled “Evidence of Hohfeld Jural Analysis In Indian Legal System “ submitted to the Symbiosis Law School, NOIDA for Law of Contract as part of internal assessment is based on my original work carried out under the guidance of Dr. Md. Salim from 2011 to 2016. The research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the thesis has been duly acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on.

Signature

Date

INDEX

Page 1 – Title page

Page 2 – Certificate

Page 3 – Index

Page 4 – Acknowledgement

Page 5 – Bibliography

Page 6-9 – Explanation of the word ”right” ?

Page 10– Hohfeld’s concept of jural analysis

Page 11-12 – Indian Legal system

Page 13-18 – Examples of Hohfeld jural analysis in Indian legal system

Page 19 - Conclusion

ACKNOWLEDGEMENT

It is a great pleasure for me to put on records my appreciation and gratitude towards Dr. Md. Salim, Director in charge for jurisprudence for his immense support and encouragement all through the preparation of this report and also for his valuable support and suggestions for the improvement and editing of this project report. Last but not the least, I would like to thank all the friends and others who directly or indirectly helped me in completing my project report. The library facilities and computer facilities of the University have been indispensable. For any errors or inadequacies that may remain

In this work of course, the responsibility is of
my own.

BIBLIOGRAPHY

1. Singh, Vishal, “Jurisprudence Part-II” ,Delhi ,Singhal’s Law Publications ,2010 ,pp 1-2 ,11-14 .

2. Bakshi, P.M., “The Constitution Of India “,Delhi ,Universal Law Publishing Co. Pvt. Ltd . ,2006 , pp a-b

3. Fitzgerald ,P.J. , “Salmond on Jurisprudence “Delhi ,Universal Law Publishing Co. Pvt. Ltd .,2010 ,pp 221 , 233-245 .

Right

In legal terms a right is an interest recognised and protected by the state and enforceable through the court of law.

Characteristics of legal rights

1) It is vested in a person who may be distinguished as the owner of the right , the subject of it ,the person entitled ,or the person on inherence .

2) It avails against a person ,upon whom lies the correlative duty. He may be distinguished as the person bound ,or as the subject of the duty , or as person of incidence .

3) It obliges the person bound to an act or omission in favour of the person entitled . This may be termed the content of the right .

4) The act or omission relates to some thing (in the widest sense of the word ) which may be termed the object or subject –matter of the right .

5) Every legal right has a title ,that is to say ,certain facts or events by reason of which the right has become vested in its owner.

Kinds of legal rights

1. Perfect and imperfect rights

Perfect right- a perfect right is one which corresponds to a perfect duty ; and a perfect duty is one which is not merely recognised by law ,but enforced .

Imperfect right – An imperfect right is unenforceable because some rule of law declares it to be so . One’s right against the states are unenforceable because some rule of law declares it to be so .

2. Positive and negative right

Positive right – positive right corresponds to a positive duty ,and is a right that he on whom the duty lies shall do some positive act on behalf of the person entitled .

Negative right – Negative right corresponds to a negative duty ,and is a right that the person bound shall refrain from some...
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