Definition of subjective right

The Right implies a series of norms, rules, precepts tending to govern human relations between the individuals that make up a civil community and of course, everyone, without exceptions, must respect and submit to the same.

The norms and laws that are delivered to society by the right to act in accordance with the law, guaranteeing harmony and social organization

This right implies the powers that the objective right comprises, that is, the laws and norms, and that is delivered to people with a clear mission that they act in accordance with what they stipulate and are therefore acting according to the law in force and corresponding, in a few words, what is lawful for people to do that is what the subjective right gathers.

The subjective right gives people absolute freedom to act, however, as long as that action is within the limits of what is considered legal in objective law, otherwise, when that freedom exceeds, for example, a right of the other, that responsibility in the ways that the law agrees for those cases.

Thanks to the subjective right, people can carry out legal acts and can also demand that others comply with the laws imposed in current regulations.

For such a claim we already know that justice is always ready to settle these issues where the limits are the rights of others are transferred and affected, or when the agreed norms are not complied with, to name a few cases currents.

Normally, it is the state that establishes them with the clear mission of guaranteeing peace and good social coexistence among members of society.

The law is a fundamental piece in the life of societies that are predisposed to function with harmony and justice, because it implies a series of norms coercive that is the state in question who dictates and must ensure that they are complied with, with the clear mission of organizing the coexistence of its population.

Division of law in: public and private law

Meanwhile, this is divided into public Law, or in private right, the main difference between the two lies in the fact that the first is governed by rules that involve the state in its role of maximum authority, and in the second case it deals with regulating the relationships between private parties that do not involve the condition.

So that series of rules is divided into the public law and private law, depending on whether the rules imply the state itself as an authority or as a regulator of relations between individuals.

For his part, subjective right implies the Faculties, the legal power that are recognized to the subjects of law by nature and that are exposed in the current regulations.

With an example we will see it more clearly, the right to education that people have is a subjective right.

That is to say, the subjective right implies in some way a power that the legal system in question grants to the person so that in the context in which it operates, they act as most convenient way to satisfy interests and needs, legally protecting this, but of course, always subject and limited to the realization and protection of the good common.

Always, subjective rights originate through a rule legal, which may be a law or a contract, from which the intervening parties agree on their wishes so that one right over the other can be made effective.

From the sidewalk in front of the subjective right we find the obligations, because every right will imply for one or more persons the obligation to recognize and respect it, either by doing what has been stipulated or agreed, or by not contravening the right in question.

The Constitution National of a nation is a clear example of objective right, while education, as we expressed in the example, represents subjective right.

Classification of subjective rights

Subjective rights can be classified as follows: a the conduct own (doing or, failing that, omitting actions), to the behavior of others (to require another to do or not do something), relative subjective right (they are asserted in front of one or more identified persons), absolute subjective right (they are weighed before all those who make up society), public (powers that are enforced before the state) and private (Faculties that concern the relationships of individuals with each other or with the state).

Subjects in subjective law