CONCEPTS

What is subjective law?

We explain what subjective law is and how it is classified. In addition, some examples and differences with the objective right.

  1. What is subjective law?

When we talk about subjective law, we refer to the set of powers, freedoms and legal powers that individuals possess . They are based on any admissible reason in law such as nature, mutual agreement ( contracts ) or legal system ( objective law ).

The subjective right arises from a law or a contract, through which someone acquires a right over something or over someone , by mutual agreement and always within the set of obligations contemplated by the legal framework of the nation. Seen this way, it is the functions or derivations of the objective right.

  1. Classification of the subjective right

There are three different ways of classifying subjective law, according to different criteria:

According to due conduct, the subjective right will be:

  • To own behavior , when it allows to make or omit actions.
  • To the behavior of others , when it allows to demand a positive behavior (to do something) or passive (to stop doing something).

According to its effect, the subjective right will be:

  • Relative , when a right is asserted against another person or persons identified specifically.
  • Absolute , when a right is asserted before society as a whole .

According to its legal regime, the subjective right will be:

  • Public , when it comes to powers that assert themselves against the State and represent the limits that it imposes on itself.
  • Private , when it comes to powers that are enforced against individuals, is exercised in relations with third parties, or against the State acting not as a sovereign entity, but as a legal actor.
  1. Examples of subjective law

subjective property right
The subjective right includes the right to property.

Examples of subjective law are:

  • The freedom of expression and / or worship.
  • Family rights that establish links between citizens .
  • The right to property , to the free exercise of politics , to free association, etc.
  • Copyright, commercial rights (buying and selling, etc.).
  1. Subjective law and objective law

The fundamental difference between objective law and subjective law has to do with the nature of its norms. The second governs pacts between citizens, as stipulated by agreements of mutual agreement such as contracts, that is, it must be constructed from a legal norm.

On the contrary, the objective right governs the conduct of individuals through the imposition of obligations of some kind, which must be accepted by them and reinforced by the State (that is, they are coercive).

This distinction can also be explained as follows: the objective law includes the legal norms that govern life in society; while the subjective right includes the permits and functions derived from said objective norm.

For example, freedom of expression is a subjective right, since it has its limits and is exercised at the discretion of each person. But that same freedom finds its limits in an objective legal norm, which also establishes responsibilities and possible consequences of its abuse.

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