Õigusriski

Õigusriski is a legal concept in Estonia that refers to the risk incurred by an individual or an organization when providing a guarantee to another party, usually in the form of a loan or other financial obligations. In essence, when an individual or an organization guarantees the debt of another party, they assume the risk that the borrower may default on their payments.

The concept of õigusriski is related to the principle of limited liability, where an individual's or organization's liability is limited to the extent of their assets or the amount they have agreed to guarantee. However, when an individual or organization assumes the role of a guarantor, they may be held personally liable for the debt if the borrower fails to pay.

In Estonian law, õigusriski is governed by the Private Law Act, which sets out the rules and procedures for guaranteeing debts. The law requires that a guarantor must have the capacity to contract, be of sound mind, and have the necessary means to fulfill their obligations. Additionally, the law specifies the conditions under which a guarantor can be released from their obligations or when a guarantor may claim compensation from the borrower.

In practice, õigusriski is commonly used in commercial and banking contexts, where lenders require guarantees from borrowers to secure loans. The concept is also relevant in personal finance, where individuals may assume õigusriski when guaranteeing loans or debts for friends or family members. Overall, õigusriski is an important legal concept that helps to mitigate the risks associated with lending and borrowing money.