Concept of Rights – A right is something that an entity can have or do by justifying it with written or unwritten rules. Although the concept of right is one of the most basic concepts of law, the legal system and legal rules are regulated within the framework of rights and the way they are used. In the doctrine, different views have been put forward to explain the concept of right. The most prominent of these views are “will theory”, “interest theory” and a mixture of both views. The “will theory”, the most important defender of which is Windscheid, defined the concept of right as a dominance of will granted to individuals by the legal order. The other prominent view in the doctrine, the “interest theory”, explained the concept of right as a legally protected interest. The strongest defender of this theory is Jhering.
Concept of Rights
How does the right arise?
Individuals have the right in three ways.
Legal event: An event that takes place outside of human will that has legal consequences. For example, birth and death.
Legal act: An event that has legal consequences and takes place with the human will.
Legal action: It is the declaration of will of one or more people in order to obtain legal results.
Types of Rights
Rights are called with different names according to the authority and subject they give to the owner. If it is necessary to categorize rights under certain headings, they can be grouped in the most general terms as follows.
All rights and obligations of individuals whose economic value can be measured are called assets. Parallel to this, rights that can be measured in money, that is, have economic value, are called property rights. Asset rights are also divided into four for themselves. These are innovation rights, real rights, claims rights and intellectual rights.
1) Rights of Claim
Rights of credit are the rights that provide the creditor with the authority to ask the debtor to perform an action, to do something or to give something. Rights of receivable do not only consist of money receivables, but also many acts such as making any kind of giving may create a right of receivable for the other party. The most important factor that ensures the birth of receivables is the contracts. It can ensure that the person has the right to claim in cases such as tortious act, acting without power of attorney, unjust enrichment, faulty behavior. The nature of the right to claim is that it creates a legal bond between the creditor and the debtor. Another issue that needs to be mentioned is that the rights of receivables cannot be waived unilaterally. The waiver, which is a unilateral legal action for innovative rights and real rights, cannot come to the fore in terms of claims. The reason for this is that no one has to accept the forgiveness given to them.
2) Rights in Real
It is a type of right that provides direct dominance over things and can be asserted against anyone. In the legal sense, what is meant by goods are tangible values that are suitable for individual dominance and have economic value due to their nature. Unlike the rights in rem, there are a limited number of rights. That is, they can only be established within the framework of the types stipulated in the law.
Real rights are divided into two groups according to the authority they have given to the right holder on the goods.
It is the broadest authority provided by the real right. The right to property entitles the right holder to use, enjoy and dispose of the subject of the right.
Limited Real Rights
Compared to the property right, they are the types of rights that enable the real right to give a limited authority to the right owner. Limited real rights are divided into three groups according to the powers they provide.
The right of easement is a real right that gives the right holder the right to benefit from that property. Although it has an absolute effect that can be claimed against everyone as a real right, it provides a limited dominance over the goods.
The right of pledge is a right that entitles the rightful creditor to take his/her receivable from the obtained amount by converting a movable or another right into money, in case the rightful creditor cannot receive his/her receivable. The owner has allocated the right of disposition arising from the right of ownership to the owner of the right of pledge.
The immovable burden is such a burden on an immovable that the owner of the immovable is obliged to fulfill an act of DOING or GIVING against the creditor of the cargo in order to constitute the security of the immovable.