Classification of equitable rights. Equitable distribution: Classification of Life Insurance Policies and Proceeds 2022-12-22
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Equitable rights are legal rights that are based on principles of fairness and justice, rather than strict adherence to the letter of the law. These rights are often recognized and enforced by the courts when the law does not provide an adequate remedy for a particular situation. There are several different categories of equitable rights, including proprietary rights, personal rights, and remedies.
Proprietary rights are rights that relate to the ownership and control of property. Examples of proprietary rights include the right to possess and use property, the right to exclude others from the property, and the right to dispose of the property. Proprietary rights can be either legal or equitable, depending on the circumstances. For example, a person who has a legal title to a piece of property has a legal proprietary right to that property, while a person who has an equitable interest in the property (such as a trust) has an equitable proprietary right to the property.
Personal rights are rights that relate to the personal relationships between individuals. Examples of personal rights include the right to protection from physical harm, the right to privacy, and the right to freedom of expression. Personal rights can also be either legal or equitable, depending on the circumstances. For example, a person who is the victim of a physical assault has a legal right to seek damages for the injury, while a person who is the victim of defamation (such as libel or slander) has an equitable right to seek damages for the harm to their reputation.
Remedies are legal remedies that are available to individuals to remedy a wrong or injustice. Examples of remedies include damages, injunctions, and specific performance. Damages are a monetary award that is intended to compensate the victim for the harm they have suffered. Injunctions are court orders that require a person to do (or refrain from doing) something. Specific performance is a court order requiring a person to fulfill a contract or other obligation.
In summary, equitable rights are legal rights that are based on principles of fairness and justice, rather than strict adherence to the letter of the law. These rights can be proprietary (relating to the ownership and control of property), personal (relating to personal relationships between individuals), or remedies (legal remedies to remedy a wrong or injustice). They are often recognized and enforced by the courts when the law does not provide an adequate remedy for a particular situation.
AN ANALYSIS OF THE DOCTRINE OF NOTICE IN THE DETERMINATION OF EQUITABLE RIGHTS
Edwards, 110 NC App 1 1993 remanding case to trial court to determine the date of separation value of a policy and holding that all value established would be marital because all premiums up until the date of separation had been paid with marital funds , and Richter v. Right in Persona generally arises out of contractual obligations for example - breach of contract. What Is the Difference Between Legal Remedies and Equitable Remedies? The Chancellor decided the cases of which the King had taken note, he did so by largely relying on his sense of fairness and justice and thus developed a large body of principles which became the Law of Equity. Both these rights are covered in the International These rights are also called first-generation rights and are derived from 17th and 18th-century theories related to the American, English, and French Revolutions. This attempt at a classification of rights may seem to be little more than an academic exercise. The reason for this extension of view is that it is necessary to an understanding of that growth of the functions of government which is a feature of our times.
Equitable distribution: Classification of Life Insurance Policies and Proceeds
The nature of such rights is different, but they are interrelated to each other. Every legal right has a corresponding duty and the interest which the law protects by imposing corresponding duties on others. The court in Smith relied on Johnson to hold that the proceeds from the sale of stock received by husband after the date of separation were marital property because the sale occurred and husband acquired the right to receive the proceeds before the date of separation. RESTRICTIVE COVENANTS: as was noted in Tulk V Moxhay occurs where the vendor of a land enters into a contract mandating the buyer not to use the land sold adjoining a land retained by the vendor in a certain way. And the performance of a duty is avoidance of wrong.
Wife had purchased the life insurance policy on the life of her former husband before she married Mr. Legal rights The rights that are recognised by the legal system of a country are called legal rights. In some contracts cases, the remedy may be a damages award to reimburse the non-breaching party for financial losses. Basu defines human rights as the basic rights that every individual must have against the state or any other authority, irrespective of any consideration. Interests shall rank according to the date of registration- Crayem V C.
They are primarily contained in moral rights as they highlight various moral values that cannot be highlighted by any set of institutional rights. Under the head of Equality the jurists and thinkers of France, basing themselves on the Declarations of 1789 and afterwards, have enumerated four rights—the right to be treated equally with others, and on the same footing as others, in the eye of the law and in all legislative acts; the right to be treated equally with others in matters of justice and in courts of law; the right to be treated equally with others in matters of taxation, so that each man pays the same proportion of his means as is paid by others; and, finally, the right to be treated as equally admissible with others to public honours and offices of employment. There are certain situations where the law of limitation is expressly applied, in such cases, there is a particularized legal situation where a time period, which has been expressly prescribed, has elapsed and the party is barred from bringing a suit of action. The rights of civil liberty have been divided by French thinkers into two different groups, distinguished from one another by the historical fact that the one group is earlier than the other. In England, the Court of Common law and Chancery Courts were distinguished by the fact that the former had authority over the person as well as property but the latter only acted over people. Equity now makes the trustee a mere custodian while the beneficiary is seen as the true owner cesti que trust.
They govern the Law of Equity and are discretionary. They also impose an obligation on other human beings not to infringe on the human rights of any person. Equitable rights are in two categories. Accessory right For Example, The right to maintenance from husband raises from the rights of the wife being lawfully wedded 7. These form a part of negative rights because the government abstains from doing such activities or forming policies that violate these rights. See also Edwards v.
EQUITY AND TRUSTS 1.3 EQUITABLE INTERESTS AND THE DOCTRINE OF NOTICE
Proprietary Rights are those, which constitute a man's property or wealth. They are necessary to maintain the dignity of a person. The result in Crago was different because wife received the proceeds from the life insurance policy before the date of separation and continued to own the proceeds on the date of separation. This historical division of the rights of civil liberty into two different groups may square with the facts of French history, but it does not suit the history of England, where no such distinction can be traced, and it cannot be generÂally applied. It is too narrowly economic—and too closely connected, at that, with a particular brand of economics—to offer any safe guidance. Such interest is enforceable against all but a purchaser for value without notice he can still sue for damages. If we seek to formulate them broadly, in terms of contemporary life and the growing demands of social thought, we may suggest that they fall into three main groups.
8 Classification / Types of Rights, Duties and Theories of Rights
Economic rights, cultural Rights and social rights These rights are also called freedoms and guarantee a person the minimum necessities of life. Meaning - Legal right means " the standard of permitted action by law". The court based this decision on the fact that the lawyer did not receive the fee until after the date of separation and did not have a right to receive the fee on the date of separation because the agreement provided that no fee would be received if there was no recovery in the case. ADVERTISEMENTS: After reading this article you will learn about the classification of rights. The second group will consist of rights which come under the head of freedom of the activity of the mind: this will include rights such as the right to freedom of conscience and religion, the right to freedom of opinion and its expression, and the right to freedom of meeting and association. A debt is time-barred when not returned within the period of limitation.
Vested right means which is already vested in person, the person already has such right through it depends upon the happening of certain events, that event is going to happen. Antecedent Right and Remedial Rights A substantive law may either be antecedent or remedial. Equity looks to the intent rather than the form This is the maxim by the means of which an equitable remedy was established which allows for the terms of a contract to be interpreted by taking into account the intention of the parties. These are the right ipso facto. For Example, Purchaser of certain goods has an antecedent right over the goods so purchased. They do not have a corresponding right.
The defendant will then hold the property in trust for the plaintiff and will ultimately transfer the property to the rightful owner. Background: property received after separation can be divisible property The results in both Godley and Edwards were perceived by many to be inequitable because the effort that lead to the receipt of the money clearly was marital effort. Life Insurance Proceeds Foster v. Since human rights are universally applicable to every person in the world it is similar to natural rights. For Example, Time barred debt Time barred debt is an imperfect right because it is a right which the law recognizes but is not enforceable.
