RIGHTS

SUBJECTIVE
 INTRODUCTION

In this essay, the aim is to study the different theories that provide information regarding
relation to the different rights that we practice throughout society; these are separated in a way
codependency between subjective law and objective law.

In this project, we will see the different characteristics of both objective law
like the subjective right, which will allow us to understand some factors that influence the
human behavior.

Above all, it is also about understanding different kinds of subjective rights.

with which we will differentiate the legal dynamics and its relationship with objective law.
 SUBJECTIVE RIGHT
Setof powers, freedoms, and legal faculties that individuals possess, in other
words, it is the freedom that a person has to make their own decisions, as it gives them
different faculties so that they can act correctly in the legal life. Thus,
satisfy your interests and needs.

Every right implies an obligation for one or more persons to respect it, whether actively
(obligation to do) or passive (obligation not to do).

A subjective right arises from a law or a contract, through a legal norm, via an agreement.
of wills so that this right can be effectively exercised over another specific person. The
Legal relationships give rise to subjective rights in favor of the individuals involved.

Thelawsubjective consists of a group of faculties and legal powers that one possesses
a person of natural or innate form. It can be said in simple words that it consists of
the authority that a person has by law to carry out specific acts through
a power granted thanks to thelegal norms and that are used to seek satisfaction of
interests that deserve the protection of the law.

The subjective right is of great importance for thescience of lawingeneralwhy it gives him/her
the power of the individual to initiate legal action and to claim through a
jurisdiction of legal claims. It also plays a very important role in Public Law, in the
Criminal Law, in Administrative Law and, above all, in Constitutional Law, because the
referred to as human or fundamental rights are subjective rights.

OBJECTIVE LAW AND SUBJECTIVE LAW - RELATION AND DIFFERENCES

OBJECTIVE SENSE

Current legal norms that determine the powers and duties directed at members of a
society, that is, objective rights are all positive legal norms, written, they
are in force and are valid within a certain legal system. All these regulations
they are the ones that establish certain behaviors for the members of a society, that is, they establish
certain duties on how to behave, either by prohibiting or allowing specific
behaviors. The main rules we find within this are:

The Constitution: As the supreme norm of a specific legal system.

The Laws: Whether national or local.

 Judicial rulings: The verdicts or sentences of the courts of justice.

Regarding its characteristics:

It is a permissive or prohibitive rule of conduct.

It is manifested through a general rule and extrinsic.

Objective Law is always written.

SUBJECTIVE MEANING

It is the faculty or prerogative derived from the legal norm that allows the individual to act.
uphold one's own rights, limit others', possess or demand something, that is to say, what we
allows the rule to be carried out.

When we are faced with a legal norm, in front of a law, we will find that this norm
establish certain parameters, acts that we can or cannot perform (as is Objective Law).
While the Subjective Right is the power to demand certain behavior from society.

For example, when conducting a sale and purchase of a motor vehicle, first of all we have the regulations.

which establish that when a purchase of a good is made, compensation must be given
economic of the same value, as in the case of Objective Law, but in Subjective Law we are going to
see what authority we have, for we as buyers have the authority
to demand from that person who is selling us the vehicle to deliver it to us and to do
all the necessary procedures for that vehicle to be under our control, that is, with
the title of ownership, along with all the administrative procedures that it entails.

The fundamental difference between objective law and subjective law has to do with the
nature of itsnormsThe Subjective Law governs the agreements between citizens, according to how
stipulated by mutually agreed agreements such as contracts, that is to say, it must be constructed to
starting from alegal normOn the contrary, Objective Law governs the behavior of individuals to
through the imposition of obligations of some kind, which must be accepted by them and
reinforced by the State (that is, they are coercive).

For example, freedom of expression is a subjective right, as it has its limits and is
exercised at each person's discretion. But that same freedom finds its limits in a norm.
objective legal, which also establishesresponsibilitiesand potential consequences of its abuse.

Subjective right does not oppose objective right as if it were a matter of differentiating two species.
within a common genre, there is no such common genre in this case, since objective law and the
subjective are related, since the word right is taken in two senses, as
faculty and as a norm.

DIVISION AND CLASSIFICATION OF SUBJECTIVE RIGHTS

1. ACCORDING TO THE NATURE OF THE NORM ON WHICH THEY ARE BASED - LEGAL REGIME

Public: It is one that is based on a public law norm. Where it is established a

legal relationship between individuals and the state. Examples: The action of tutelage, obligations
property rights, the right to vote, etc. (Art. 13 to 18 CPE).

- Private: Those that are based on a standard of private law. They are those that are made
to be valid in relation to individuals, it is exercised in relationships with third parties, or before the State acting not as

my sovereign, but as another legal entity. It is a legal relationship that is established between
Individuals, every person is subject to rights and obligations in the legal relationship. Examples:
Sales contract, marriage, etc.

2. ACCORDING TO ITS EFFICACY OR EFFECT

Absolutes: A legal duty of respect is established in relation to all others.

people, that is to say, those prerogatives that are considered indispensable for man
can normally fulfill its natural and social purposes. Among the absolute rights are
they find: real rights, right to property, personal rights, law
hereditary, political rights.

- Relatives: It is one that creates a legal duty regarding a certain person, that is,
when a right is asserted against one or more specifically identified persons.
Examples: Personal obligations or rights; also family rights, for example, custody.
authority, the relationship established between parents and children and from which responsibility derives
parental.

3. ACCORDING TO PROPER CONDUCT

Self-Conduct: When it allows to do or omit certain actions.

Foreign Behavior: When it allows for demanding a positive behavior (doing something), or passive (stopping something)

do something).

4. ACCORDING TO WHETHER THEY ALLOW TRANSFER OR NOT

 Transfer: It is a transfer by act between living persons, it does not imply the death of the holder for it to occur.

transfer the right. Example: a person has property rights over a

department, sells it and will carry out the transfer with which the property passes to another person. Of
In this way, the right of ownership that the seller had is transferred to the buyer.

Transmission: It is a transfer due to death, that is to say, it implies the death of the holder.
the transfer of rights takes place. For example: a person dies and their assets are transferred to
his heirs.

5. ACCORDING TO THEIR CONTENT: VALUABLE OR NOT IN MONEY

Patrimonial: These are those that have an economic or market value, which aim to
satisfaction of the material needs of the person, as they relate to wealth
economic status of the person. These are subclassified into:

Real Rights Personal Rights Intellectual rights

Extrapatrimonial: They are those inherent to the human being, they do not have a market value.
they are immeasurable. For example: Right to personality, right to honor, the right
to a good name, to physical integrity, to human dignity, to privacy.

Unlike proprietary rights, they lack economic value; they are not susceptible to
to be evaluated in money.

Among the characteristics of extrapatrimonial rights:

Innate Sounds Lifetime Sons They are Inalienable They are not subject to prescription

6. THE LAW FROM THE SUBJECTIVE POINT OF VIEW

Broad Sense: It is the ability to assert one's own rights, limit those of others, to possess or
to demand something in accordance with the legal norm. It includes:

The Law School The Legal Duty Internal Power External claim

Strict Sense: It is the mix of faculties, freedoms, restrictions, and possibilities of

action, which involves the protection of human interests, and in this aspect, the protection of the subject does not

It can exceed or distort the objective ordering, when it has protected a certain matter.
material or moral. In short, it is the legal faculty as such, that is to say, the power to demand
something or to demand that something not be done.
7. ACCORDING TO ITS IMPORTANCE WITHIN THE LEGAL SYSTEM

Fundamental Rights: These are the ones that are thought to correspond in some way to the
men, due to the demands of their own dignity or rational nature, recognized by the
positive legal systems, (also in some way) precede and surpass.

Ordinary rights: They owe their existence to the recognition of the legal systems.
positive legal norms, so that individuals will hold them or not depending on the situation.

8. ACCORDING TO ITS ORIGIN

Indigenous: They are those who are born to their holder, without any transfer taking place.
asset to another, in other words, the right did not exist previously in another asset. Thus, the
the birth of a person automatically determines that they have the right to life, to a name, to the
physical integrity, etc.

Derivatives: On the contrary, they are those that do not originate in the assets of their current holder, but rather

existía en el patrimonio de otro con anterioridad, y se ha efectuado el traspaso entre un titular

previous and a current one, whether by transfer or transmission.

Due to the originating transmission, the derivative acquisition can, in turn, be transmissive, in the
that the holder transfers the right as it was held by him previously. For example: the
The owner of a house sells it; or constitutive, in which the holder partially transfers their right.
giving rise to a new one that is constituted through that partial transmission. For example, the
The owner of an asset grants another person its usufruct.

Pure and Simple: It is one that can be exercised without the prior fulfillment of any
requirement.

Modals: It is one that can only be exercised after the fulfillment of a certain
requirement (deadline or condition).

ELEMENTS OF THE LEGAL ORDER

System of binding legal norms that regulate the life of the community in a certain way.
moment of its history.

a) Legal Subjects: One or several of these active subjects or several passive subjects.
It is the person to whom the legal system grants the power to act.
that configures all subjective right. Its existence is presumed whether it is a person
physical or legal.
 b) Legal Objects: One or several of them. It is made up of the conduct of others.
persons or the patrimonial assets over which the right holder
subjective can exercise a power to satisfy their interest.

c) The relationship resulting from the bond between the two: The concurrence of these
original elements consequences of legal order under the protection of the state,
being the main one, the fulfillment of the obligation by the passive subject or
debtor in favor of the active subject or creditor; if this obligation ceases to be fulfilled
thus contravening the legal framework, the state urges compliance, thus
such as compensation and restoration of the damage caused in your case.

d) Content: It is the scope of action that corresponds to the holder of the right.
subjective regarding the object upon which it falls. The Content integrates the
legal protection that the legal system provides to the subject to guarantee the
action that I carry out in its real interest regarding the object.

ELEMENTS OF SUBJECTIVE RIGHT

The subjective right has three different elements which are the following:

a) The faculty or the possibility to act: This means that this type of right is
exercised within society and among the people who inhabit it.
b) The obligation: The obligation occurs in an individual who is active within the
society or those who have a title of faculty or right and asubjectWhat is passive?
about who the obligation falls upon. This obligation can consist of doing or not doing
something, or to refrain from doing something.

c) The norm: It is responsible for establishing the relationship between the faculty and
the obligation. The subjective right will always be based and grounded in the norm.

MOST IMPORTANT CATEGORIES OF SUBJECTIVE RIGHTS

1. The authority to demand that another fulfills an obligation. Example: payment of a debt.
or the delivery of a entrusted thing.

2. The faculty to exercise enjoyment of a thing. Example: the right of property.

 3. The owner's ability to dispose of their property, whether by selling, renting or
mortgaging the property (Art. 105 Civil Code).

4. The authority that citizens endowed with power can exercise 'the vote' and
consequently to choose or be chosen to hold public office.

MOST IMPORTANT CHARACTERISTICS OF SUBJECTIVE LAW

There will always be a subjective right if there is a legal relationship.

It is established by a legal norm, either a law or a contract.

It involves the free decision-making of human beings.

Include the traditions and cultures of men for decision-making.

There is a thin line that separates right from wrong.

Seeks to find solutions to the problems of human beings.

It contemplates situations, laws, and penalties that can be applied to an offense.

Advocates for the solution and analysis of situations.

It goes hand in hand with ethics, morality, and the good principles instilled by conscience and

due to the obligation that humans have towards society.

Proposes freedom and order.

GENERAL EXAMPLES OF SUBJECTIVE LAW

Copyright, commercial rights (buy-sell, etc.).
The right to free expression

Right to donation

Right to collect a debt

Right to freedom

Right to vote

I have the right to study the career I like.

 I have the right to live wherever I want

I can dress how I like.

I can marry whoever I want.

CONCLUSION

According to the theories studied, we can deduce that humanity, according to its
personal interests, acquires positions based on laws and regulations, as indicated: "Savigny, the
Subjective right is a power attributed to the will of the subject, recognized by the legal order.

Subjective Law should be studied according to an exclusively normative and formal criterion, it is
to say, the faculty of demanding certain behavior, positive or negative, from the person or
people who are in front of the holder.

Subjective rights cannot be discussed independently of objective law. In itself, talking about
the terms of subjective rights is to describe the relationship that the legal system has with a
determined person.

Objective law determines the powers and duties directed at members of a society. These
they establish certain behaviors, that is, they impose certain duties on how to behave, whether

prohibiting or permitting. Society is governed by objective norms and laws that each individual
must comply and are legally established, including ways of acting and behaving.

For such reasons, it is necessary to indicate that society takes personal attitudes and decisions.

As in our current situation, many people rely on some objective rights.

to commit a crime or to act in a very tolerant manner towards any external act
same.