Edasivõetavus

Edasivõetavus refers to the concept of transferability or assignability in a legal or contractual context, particularly in Estonian law. It describes the ability of a right, obligation, or a contractual position to be passed on from one party to another. This transfer can occur through various means, such as assignment, subletting, or novation.

The possibility of edasivõetavus depends heavily on the nature of the right or obligation in question and the specific terms of any underlying agreement. For example, certain personal rights, like a contract for personal services where the identity of the performer is crucial, may not be transferable without the consent of all parties involved. Conversely, financial rights or obligations, such as debts or lease agreements, are often designed to be transferable.

In Estonian contract law, the general principle is that rights and obligations are transferable unless the law or the contract itself explicitly prohibits it. If a right is transferred, the new holder generally acquires the same rights as the original holder. Similarly, if an obligation is transferred, the new obligor assumes the same responsibilities. Parties often include specific clauses in their contracts to either facilitate or restrict edasivõetavus. Understanding whether a particular element of a contract is edasivõetav is crucial for assessing the flexibility and implications of that agreement.