Themes

What is Subjective Law definition/concept

Subjective law is the attribute that objective law (norms or laws) grants to people. Otherwise, it can be said that subjective law is legal and is in accordance with the legal system. Therefore, it is an individualistic perception of the law.

Subjective law allows people to act freely, always within the limits of legality, in addition, it allows people to carry out legal actions, in addition to requiring others to comply with the duties imposed by the rules.

Main subjective rights

Absolute rights : they are called that because they maintain their effectiveness in front of the world, guaranteeing the holder power over any objective. Within this group the rights of personality or politicians stand out. Subjective law

Relative rights : as opposed to absolute rights, relative rights can only be exercised in front of one or several people, as shown in the cases of credit rights .

Main rights: these are autonomous rights, which exist by themselves, such as rights to a property.

Accessory rights : unlike the previous ones, accessory rights are subordinated to other rights, so that their existence depends on a main right. A typical case is rights used to enforce or guarantee an obligation , eg mortgages.

Patrimonial rights : these are the rights that guarantee ownership of an asset that can be estimated in a pecuniary manner. Within this group are all economic content rights, such as credit or property rights.

Transferable rights : as its name indicates, it can be transferred by its holder to a third person , such as the right to sell any good. 

Is there a subjective right?

The concept of subjective law has varied a lot throughout history, due to this, there is no unanimous agreement and even some jurists doubt its existence. 

Those who support this last thesis tend to rely on the fact that both objective and subjective law are actually two sides of the same coin, so it makes no sense to cite subjective law as an independent entity .

However, the voices defending its existence are more numerous and are part of a majority current today. 

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