Kõrvalnõudeid

Kõrvalnõudeid refers to claims that are filed in addition to a principal claim in a legal proceeding. These secondary claims are often related to the original claim but can also be entirely separate. The purpose of filing a kõrvalnõue is typically to consolidate related legal matters into a single court case, thereby promoting efficiency and avoiding the possibility of conflicting judgments.

In Estonia, the concept of kõrvalnõudeid is governed by procedural law. A party might file a kõrvalnõue if they believe they have a separate legal claim against the opposing party that arises from the same set of facts or circumstances as the main claim. For instance, in a contract dispute, the defendant might file a kõrvalnõue alleging breach of contract by the plaintiff, even if the plaintiff's original claim was for payment.

The court will consider the kõrvalnõue alongside the main claim. The rules for filing and processing kõrvalnõudeid are designed to ensure fairness and prevent undue complexity or delay in legal proceedings. The court has the discretion to decide whether to hear the kõrvalnõue together with the principal claim or to handle it separately. This decision is usually based on whether hearing the claims together would be more efficient and whether it would prejudice any of the parties involved.