Civil Laws at Estonia
Estonia operates under a civil law system, heavily influenced by German and Scandinavian legal traditions. Following the re-establishment of independence, Estonia undertook a comprehensive reform of its private law, gradually adopting a legal system based on Western European standards. The core of Estonian civil law is contained in several key acts, rather than a single comprehensive civil code.
Here's a breakdown of key civil law areas in Estonia:
1. General Principles of Civil Law:
General Part of the Civil Code Act: This act, which came into force in 1994, lays down fundamental principles and definitions applicable across all areas of civil law, including legal persons (natural and artificial), legal transactions, representation, and time limits.
Codification by Books: Estonia chose to reform its civil law by adopting separate "books" or acts for different areas of private law, which together form a systematized set of rules.
2. Family Law:
Family Law Act (FLA): This act, passed in 1994 and largely based on the Estonian Civil Code draft from the interwar period and influenced by German and Swiss law, governs:
Marriage: Valid marriages can only be concluded between a man and a woman (though Registered Partnership Contracts for same-sex couples exist). Requirements include mutual consent, age (18, with exceptions for 15-18 with parental/court consent), no existing marriage, and no close blood relations.
Matrimonial Property Regimes: Spouses can choose from:
Community of property (default): Joint ownership of assets acquired during marriage.
Community of accrued gains: Separate property, but upon termination of marriage, a financial claim for set-off can arise if one spouse's gains were significantly greater.
Separate property: Each spouse owns their acquired property individually.
Matrimonial Property Contracts: Spouses can alter their chosen property regime through a notarially authenticated contract.
Separation and Divorce: Procedures exist for divorce through vital statistics offices (by mutual agreement) or through court (if disagreements exist or other disputes need resolution).
Child Custody and Support: The FLA addresses parental rights and responsibilities, child support obligations, and interaction rights for children with both parents after separation. The child's best interests are paramount.
Registered Partnership Act (2014): This act allows both heterosexual and same-sex couples to enter into a registered partnership, granting them most of the rights and obligations of married couples, especially concerning property and maintenance. However, it explicitly states that registered partners are not entitled to inherit from each other under intestate succession (unless specifically provided for in a will or succession contract). Full same-sex marriage was legalized in Estonia in 2024.
3. Law of Obligations:
Law of Obligations Act (LOA): Enacted in 2001, this comprehensive act governs contractual and non-contractual obligations, including:
Contract Law: It covers the formation, validity, interpretation, and performance of contracts. Estonian contract law adheres to the principle of pacta sunt servanda (agreements must be kept), though it also incorporates provisions for exemption from performance under certain circumstances (e.g., clausula rebus sic stantibus – a fundamental change in circumstances).
Specific Contracts: The LOA regulates various types of contracts, such as sales, leases, commercial leases, service contracts, and employment contracts.
Tort Law (Delict): It establishes liability for damages caused by unlawful acts, including product liability and environmental damage.
Unjust Enrichment: Provisions for restitution of unjust enrichment.
Consumer Protection: Specific rules apply to contracts involving consumers to protect their rights.
4. Property Law:
Law of Property Act (LPA): This act, which entered into force in 1993, was a cornerstone of Estonia's civil law reform, establishing the foundation for property relationships. It covers:
Ownership: Defines the concept of ownership and different types of property (movable and immovable).
Real Rights: Regulates real rights such as usufruct, servitudes, and mortgages.
Possession: Defines possession and its legal implications.
Land Register: The Land Register Department, operating under the Tartu District Court, maintains the Land Register, Marital Property Register, and Ship Register, which are crucial for establishing and transferring rights related to immovable property.
5. Law of Succession (Inheritance Law):
Law of Succession Act: This act, adopted in 1996, governs the transfer of a deceased person's estate (assets and obligations) to their successors. It distinguishes between:
Intestate Succession: Applies when there is no valid will or succession contract. Relatives inherit in three orders (descendants, parents and their descendants, grandparents and their descendants). The surviving spouse/registered partner inherits along with the first and second order heirs, with specific shares depending on the order of relatives. If there are no relatives from the first or second order, the spouse/registered partner inherits the entire estate.
Testate Succession: Governed by a will or a succession contract.
Wills: Can be notarial (attested by a notary or deposited with a notary) or domestic (written and signed in the presence of witnesses, or holographic). Strict formal requirements apply.
Succession Contracts: Binding agreements regarding inheritance.
Compulsory Portion (Forced Heirship): Despite freedom of testation, certain relatives (descendants, parents, spouse) who were entitled to maintenance from the deceased at the time of death may have a right to claim a compulsory portion from the successors, which is a monetary claim equivalent to half of what they would have received under intestate succession.
No Inheritance Tax: Estonia does not have inheritance tax.
Key Features of Estonian Civil Law:
Modernization: Estonia has actively modernized its civil law to align with contemporary European legal standards.
Influence: While deeply rooted in German civil law, it has also absorbed influences from other European legal systems.
Accessibility: Laws are generally available in English translations, making them more accessible to international parties.
For any specific legal matter in Estonia, it is always recommended to consult with an Estonian legal professional.
RELATED Blog
0 comments