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Jurisprudence

by John W. Salmond

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Summary

I. RightsPerfect—enforceable by law.
Imperfect—recognised by law, but not enforceable.
The legal quality of rights against the state.
II. RightsPositive—correlative to positive duties and negative wrongs.
Negative—correlative to negative duties and positive wrongs.
III. RightsReal—in rem or in re—correlative to duties of indeterminate
Personal—in personam—correlative to duties of determinate incidence (almost all positive).
Jura ad rem.
Dominium and obligatio.
IV. RightsProprietary—constituting a person’s estate or property.
Personal—constituting a person’s status or personal condition.
Other uses of the term status.
V. RightsIn re propria.
In re aliena—servitus—encumbrance.
The natural limits of rights, distinguished from encumbrances.
The concurrence of the encumbrance and the right encumbered.
Encumbrances either real or personal rights.
Classes of encumbrances1. Leases.
2. Servitudes.
3. Securities.
4. Trusts.
VI. Principal and Accessory Rights.
VII. Legal and Equitable Rights.
VIII. Primary and Sanctioning Rights.

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