õigusmõiste

The Estonian legal term õigusmõiste refers to a legal concept or notion that has a specific meaning within the legal system. It denotes an abstract idea that is recognized by the law as a building block for legal reasoning, legal rules and the classification of legal phenomena. Unlike a concrete legal act, an õigusmõiste is a conceptual tool that clarifies the content of a legal category, the scope of a legal relationship or a legal claim.

In practice, õigusmõistused serve several functions. They provide the normative framework for identifying the elements that constitute a legal category, such as duties, rights or liabilities. They help in structuring legal argumentation, in drafting legislation, and in interpreting court decisions. A typical example is the concept of "õiguslik kohustus" (legal duty), which defines the conditions under which an individual is obliged to perform a particular act. Another is "õiguskaitse" (legal protection), which expresses the legal safeguards provided by the state to individuals.

The analysis of õigusmõistused is central to Estonian legal theory. Legal scholars examine the internal coherence of a concept, its historical development, and its application in practice. This methodology is similar to the doctrinal method used in other European civil law traditions. By articulating clear definitions, õigusmõistused contribute to legal clarity, predictability and the proper functioning of the rule of law.