Hüvitamisnõue

A hüvitamisnõue, or claim for compensation, is a legal concept in Estonian law. It refers to the right of a person or entity to demand compensation for damage or loss suffered. This damage can be of various types, including material damage (e.g., property damage, financial loss) and non-material damage (e.g., pain and suffering, damage to reputation).

The basis for a hüvitamisnõue typically arises from a wrongful act or omission that causes harm. This could stem from a breach of contract, a tort (delictual act), or a violation of statutory obligations. For a claim to be successful, several conditions generally need to be met. These include the existence of damage, a causal link between the act and the damage, and fault on the part of the person causing the damage, although strict liability regimes may exist in certain situations where fault is not a prerequisite.

The purpose of a hüvitamisnõue is to restore the injured party, as far as possible, to the position they would have been in had the damage not occurred. The compensation awarded can cover direct losses, lost profits, and in some cases, expenses incurred as a result of the damage. The specific procedures and limitations for pursuing a hüvitamisnõue are governed by Estonian civil law, primarily the Law of Obligations Act. It is often necessary to formally notify the party responsible for the damage of the claim before initiating legal proceedings.