Legal Right

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Legal right


S j Tubrazy

Legal right is a right given under a law and its definition by no stretch of imagination would extend to any right acquired or given illegally including through coercion whether mental, physical or political.

From the accounts of eminent jurists about the concept of `legal right’ the following principles can be’ deduced broadly to understand that a `legal right’ is;

1) `legal right’ in its strict sense is one which is an assertable claim; enforceable before; Courts and administrative agencies;

2) In its wider sense, a legal right’ has to be understood as any advantage or benefit conferred upon a person by a rule of law;

3) There are legal rights, which are not enforceable though recognized by the law;

4) There are rights recognised by the International Court, granted by international law; but not enforceable; and

5) A legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts.

 A legal right may be one recognised by rule of law, either by Municipal law or international law, without the, capacity of being enforced. A legal right may be asserted even before administrative agencies. It includes the liberty of freedom from penalty In short it can be said that a legal right is one which is either enforceable or recognised.

  (The writer is corporate and banking lawyer in Pakistan)


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