Lecture 7

Part 2 Theory of rights

Chapter1: definition and classification of rights Definition of right: it is an interest or a power r recognized by and protected by the law. Rights may be divided into: political: enjoyed by citizens only to enable them to to participate in governing the country. Ex: right to be candidate in the elections and to vote in it. Non- political: not related to participation in the administration of state and divided to public and private rights

A- public rights Enjoyed by all persons existing in the society, foreigners or citizens (public freedoms). Ex: right to work, travel, freedom of religion. Not evaluated by money but if harmed it will be compensated by money.

B- private rights Enjoyed by definite people: they are in corporal, family and pecuniary rights. 1 - in caporal rights: rights over in corporal thing. Ex: rights of authors on his thoughts expressed in the book, right of inventor on his invention. It has two aspects: - intellectual (it owner attribute the object of right to himself, decide to publish it or not, make modifications)…these rights are personal, canot be transfers to another person. - pecuniary: exploitation of this right ex: by publishing the book . It is transferable.

2- family rights Enjoyed between wives and husbands and their children, some of them could be evaluated by money. (rights of co- inhabitation, mutual sincerity, alimony). 3- pecuniary rights : rights evaluated by money ( personal and real):

A- personal rights: which is a legal relation between two persons according to which one of them ( the debtor) is obliged to do something or not to do something to the other party ( the creditor) So the personal rights is the obligation of the other person Ex: of obligation not to: obligation not to compete the other party commercially, and not to declare or use his commercial secrets.

It is a power given for certain person over certain thing. B- real rights: It is a power given for certain person over certain thing. Ex1: ownership as a real right it give its holder three powers - enjoyment: to use the owned thing . - exploitation : to get the benefit of that things ( fruits if land, rent if apartment). - disposition: to sell it.

Ex2: usufruct Entitles its holder the use of a thing belonging to another. Ex 3: servitude Burden imposed upon an immovable (of servient) for the benefit of another immovable belonging to different owner.(the dominant)… the owner of a land have the rights to pass over the land of another

Ch 2: the elements of the right 1- a holder of the right. 2- an object which is either an act or a thing. 3- the protection of the law

Section 1: holders of rights : persons Holders of persons are either natural ( humans) or juristic ( companies and associations ).

A – natural persons 1- commencement and extinction of personality (ability to acquire rights and bear obligations): Personality of human being starts by birth and extinguish by death. Status of conceived child: ( not born yet.the rule he has no personality) but law recognized limited personality to him to acquire rights by inheritance.

Missing person: no body knows if he is dead or alive Missing person: no body knows if he is dead or alive. Can be declared dead by a judgment after certain time. so his wife becomes widow, and his property is divided between heirs . Proof of birth and death: usually authentic records but may be proved by all means of evidence.

2- characteristics of personality Each person should have a name, domicile, status, capacity and patrimony. A- Name Necessary to distinguish people, obliged by law, given by birth and registered in records. It is protected by law in case of infringements , you can ask preventing them and damages for any harm cause.

B- Domicile Domicile ( the general one): is the place where the person habitually resides. A hotel is not a domicile (temporary residence). A person can have two domiciles ( ex: married to 2 wives). Or even have no domicile. Minors domicile is the domicile of their legal representative (mandatory domicile )

Also a person may have special domicile: 1- domicile of business: the place where a person exercise his profession is the domicile for matters related to that business. 2- chosen domicile: a domicile chosen for all matters related to certain legal act. Ex: electing the lawyer office for all matters related to sale contract.

C- status It is the condition of being member in certain group family, state or religion which gives the person certain rights and duties ex: parents and sons. The family of a person : composed of relatives of common ascendant. Nationality: is the membership of a state, makes the person citizen enjoying certain rights (political rights) and bearing certain duties( military service). Religion: in Egypt matrimonial relations between Muslims governed by Islamic law while between Christian governed Christian rules