Legal Concepts of Subjective Right
Abstract
The aim of this paper is to identify and briefly characterize the basic or elementary concepts of subjective right and some of its possible combinations, on the understanding that such concepts or its combinations are always involved in the various uses of the term "subjective right" in legal discourse. To achieve this goal, the work is divided into four sections. The first section provides that a legal concept of rights is defined by its legal basis, and it must be distinguished from extra-legal grounds that justify or can justify the granting by law. In the second section, I analize Hohfeld’s explanatory model of subjective legal positions that serves as the basis for the identification and characterization of the legal concepts of subjective right that is performed in the third section. The fourth section presents some final considerations.
Downloads
Eunomía. Revista en Cultura de la Legalidad is a duly registered journal, with EISSN 2253-6655.
The articles published in Eunomía are –unless indicated otherwise– under a Creative Commons Attribution-No Derivative Works 3.0 Spain license. You can copy, distribute and communicate them publicly as long as you cite their author and the journal and institution that publishes them and do not make derivative works with them. The full license can be consulted at: http://creativecommons.org/licenses/by-nd/3.0/es/deed.es
