Disaintöövõtt

Disaintöövõtt refers to a legal concept in Estonian law concerning the transfer of ownership of movable property. It is a method by which possession of a movable item is transferred from one person to another, signifying a change in ownership. This process is crucial for establishing the rights and responsibilities of both the seller and the buyer in a transaction.

The core principle of disaintöövõtt is the actual physical handover of the movable property. This means that the transfer of possession must be tangible and observable. For instance, if someone buys a car, disaintöövõtt would occur when the keys are handed over and the buyer takes physical control of the vehicle. It is not sufficient for a mere agreement or contract to exist; the property itself must change hands.

This method of transfer is distinguished from other forms of property transfer, such as symbolic transfer or constructive transfer, which may rely on documents or declarations rather than direct physical possession. Disaintöövõtt ensures clarity and reduces ambiguity regarding who has legal control over the item. In situations involving multiple claims on the same movable property, the party who has acquired possession through disaintöövõtt generally has a stronger legal standing. The specific requirements and implications of disaintöövõtt are detailed within the Estonian Law of Obligations Act.