The proprietary rights of a person
include his estate , his assets and his property in various forms.
Proprietary rights have some economic or monetary value. Examples of
proprietary rights are the rights to debt, thee right to goodwill,
the right to patent,etc.
Proprietary rights are valuable but personal
rights are not valuable. Proprietary rights are the element of the
wealth of a man. Personal rights are merely elements in his
well-being. Proprietary rights possess not merely judicial but also
economic importance. Personal rights possess merely judicial
importance. The distinction between proprietary and personal rights
is not confined to rights in the strict sense of the term but applies
to other classes of rights as well .
The estate of a person is made
up not merely of his valuable claims against other person but also of
such of his powers and liberties as are either valuable in themselves
or are accessory to other rights which are valuable. A general power
of appointment is proprietary but the making a will or a contract
personal. A liability to be sued for a debt is proprietary but a
liability to be prosecuted for a crime is personal.
The duty of
fulfilling a contract for the purchase of goods is proprietary , but
the duty of fulfilling a contract to marry is personal. The status
of a person is made up of his personal rights , duties , liabilities,
and disabilities. The same person may have at the same time the
status of a free man., a citizen, a husband, a father, etc.
When we
speak of the status of a wife , we refer to all her personal benefits
and burden arising out of marriage. In the same way , when we speak
of the status of a alien , a lunatic or an infant. The true test of a
proprietary right is not whether it can be alienated but whether it
is equivalent to money. It may be equivalent to money although it may
not be possible to sell if for a price.
A right to receive money or
something which can itself be turned into money , is a proprietary
right and is to be counted as a part of the estate of the possessor
although the same way not be alienable.
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