Legal Principles of Subjective and Objective Rights

The Concept of Law: Objective and Subjective

The law is traditionally taught in two senses. It can be understood in an objective sense, as the rule of law addressed to recipients to prescribe or impose a certain behavior. Alternatively, it can be understood in the subjective sense, as the possibilities for citizens to exercise powers for the satisfaction of certain interests, according to their own devices.

Technical Structure of Subjective Rights

• Subject: The presence of a subject is required for every right; that is, the person to whom the power belongs when the law is applied. The quality of the membership of the subjective right to a particular person is the title.
• Object: This is the holder of the outside world on which their power rests. They can be tangible; specific behavior may be due to another person or may be legally objectionable fumes of the person holding.
• Content: This consists of the so-called powers. By powers, we mean those integrated into the subjective right, deprived of autonomy with respect to it, so they should be modified only or have only the vicissitudes of the subjective right of belonging.

Classification of Subjective Rights

• By Protected Interest: According to the protected interest that is predominant in the legal relationship to which they belong, one can distinguish between public subjective rights and private subjective rights.
• By Character of Principles: One can distinguish personality rights (considered objectively, which have already been studied) and family rights arising from a cooperative relationship, such as those binding members of an association.
• By Kind of Power: We can distinguish absolute individual rights and relative individual rights. Relative power implies that the individual right can only be enforced against a particular person or certain taxable persons, while absolute rights are held against the generality of the members of the community.
• Potestative Rights: It is debated whether an autonomous category exists called authority rights or rights training. These are the forces intended to modify or terminate a legal relationship unilaterally by the right holder (facultative).