Tuesday, 6 September 2016

Proprietary and personal Rights

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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