Difference between Positive and Negative Rights

What are the differences between Positive and Negative Rights?

Positive Right

  1. A positive right correspondent to a positive duty.
  2. Positive-Attitude.jpg

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    A positive right presupposes a positive act to be performed a holder such right by a person on whom the duty lies.

  3. Example: Creditor-Debtor. The creditor has a positive right to collect his debt. At the same time, the debtor has the positive duty to pay it back.
  4. The object of positive right is to provide “positive benefit” to the plaintiff. It increases the benefit which already has.
  5. Salmond says: “Most personal rights are positive……

Negative Right

  1. A negative right corresponds to a negative duty.
  2. In this, a person bound shall refrain from doing some act which is prejudicial to the person entitled.
  3. Example; Wife and husband. Each of the spouses to the marriage has a right of “restitution of conjugal rights” (sec. 9 of Hindu marriage act.).
  4. The object of a negative right is not to be harmed, and to maintain status quo.
  5. But all real rights are negative”.
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