Glossary / Philosophical & Meta-Legal Concepts

Rights vs duties

A right gives its holder a protected legal position, such as a claim against another person, a liberty to act, a power to create legal effects or an immunity from interference. A duty requires someone to act, refrain from acting or tolerate something. In Swiss law, fundamental rights bind the state and sometimes influence private relationships; private law rights often correspond to obligations of another party. The concepts are not simple opposites: a person may have rights and duties at the same time, and some duties protect collective interests rather than a specific right-holder.

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