Jõustuks

Jõustuks is an Estonian legal term that translates roughly to "force majeure" or "act of God" in English legal contexts. It refers to an unforeseeable, extraordinary event beyond the control of the parties involved in a contract or legal obligation that prevents them from fulfilling their commitments. Such events are typically natural disasters like earthquakes, floods, or extreme weather, or man-made events such as wars, widespread strikes, or governmental actions that were not reasonably predictable or preventable.

When a jõustuks event occurs and is proven to be the direct cause of non-performance, the affected party may be excused from their contractual obligations without penalty. The specific conditions under which an event qualifies as jõustuks and the consequences of such an event are usually detailed in the contract itself. Estonian law also provides general principles for dealing with these situations, aiming to ensure fairness when circumstances make performance impossible or impractical. The burden of proof typically lies with the party claiming jõustuks to demonstrate that the event was indeed unforeseeable, unavoidable, and directly led to their inability to perform their duties.