There is no any unanimity of opinion as
to whether every right have an object or not. According to Salmond ,
an ownerless right is an impossibility. There can not be a right
without a subject to whom it inheres any more than there can be
weight without a heavy body ; for rights are merely attributes of
persons and can have no independent existence.
The object of law is
to protect the person in the exercise and enjoyment of a particular
right and not to protect a right in itself . A right can not exists
in vacuum . A right may be held of a determinate individual or by the
public at large. Although every right has an owner , it need not have
a vested and certain owner. The fee example of a land may be left by
will to a person who is unborn to at the time of the death of the
testator. The ownership of the land is contingent on the birth of the
child. Sometimes the question arises as to who is the owner of a
debt in the interval between the death of the creditor intestate and
the vesting of his estate in an administrator.
According to Roman law
, the right contingently belong to the heir but they are for the
time being vested in the inheritance by virtue of its fictitious
personalty. The fictitious personality was that of the deceased and
not of the future heir . At present neither the Roman or the English
fiction is necessary. There is no difficulty in saying that the
estate of the intestate is presently own by a incentra prsona or by
the person who is subsequently appointed its administrator.
There
are some writer who are in the opinion that there are rights without
objects. According to them , the objects of a rights means some
material things to which it relates. In this sense , an object is not
an essential part of a right as in the case of a husband having a
right in respect of his wife or a father having a right in respect of
this children. They deny that the right of reputation or personal
liberty or the right of a patent of copyright has any object at all.
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