Diffuse interests in the concept of the right of action

Abstract

Our system of law is based on the concept that each individual in the State has a determinate field of legal activity within which to act, and that such individual has a right to expect others not to interfere with such activity. This right, when viewed from the angle of the person subjected to it, takes the form of a corresponding obligation. This obligation is the primary protection given by the law to the interest of the holder of the right. Whenever a person feels that another is not performing his obligations towards him, and is thereby infringing his rights, he has the possibility to invoke the intervention of the judicial authority to help him by removing 'the state of violation of his right. The individual invokes the assistance of the powers of the State in such instances by instituting an action. Thus, the action is in itself the manifestation of the will of the plaintiff, who believes that he is the holder of a right which has been violated. The objective of the action is the reinstatement of the plaintiff in the enjoyment of the totality of the right that had been violated.