Holders of Subjective Rights and Their Responsibility
Subjective rights are prerogatives recognized to a person by law. They confer powers or freedoms that the individual can exercise and have respected. These rights are granted to natural or legal persons, who are considered the holders of rights.
Definition
Natural Persons
Natural persons are individuals having legal existence. They are recognized as subjects of rights and benefit from legal protection. Any individual, regardless of nationality, age, or gender, is considered a natural person.
Legal Persons
Legal persons are legal entities that can be associations, companies, public bodies, etc. They have a legal existence distinct from their founding or managing members. Legal persons can exercise rights and obligations and are liable for their actions.
As holders of subjective rights, both natural and legal persons are also responsible for their actions. The principle of responsibility aims to ensure that rights are exercised with respect for others and public order.
Responsibility can be engaged in cases of violation of others' rights, non-compliance with legal or contractual obligations, or harm caused to others. Depending on the nature of the right involved and the type of act committed, responsibility may be civil, criminal, or administrative.
Civil responsibility concerns damage caused to others, whether through negligence, breach of contract, or fault. The responsible party is obliged to compensate the victim for the damage suffered, financially indemnifying the harm caused.
Criminal responsibility pertains to criminal offenses, that is, behaviors contrary to the law that are sanctioned by penalties. The author of an offense can be prosecuted in court and sentenced to imprisonment, a fine, or another sanction.
Administrative responsibility relates to acts committed by a public person in the performance of their duties. Public agents can be held accountable for their actions, and their responsibility can lead to disciplinary sanctions or damages to be paid.
To remember:
In summary, holders of subjective rights, whether natural or legal persons, have legal prerogatives that they can exercise and have respected. However, they must also bear their responsibility in cases of violation of others' rights or non-compliance with legal obligations. Responsibility may be civil, criminal, or administrative, and may lead to sanctions or financial reparations.