Mittetäitmine

Mittetäitmine is a term used in Estonian contract law to describe the failure of a party to fulfill contractual obligations. It covers situations where an obligation is not performed at all or is performed inadequately, whether at the due time or from the outset. The concept can refer to total non-performance as well as insufficient or defective performance that falls short of what the contract requires.

Mittetäitmine is distinct from viivis (delay), where performance is late but still potentially due, and where the obligation may later be fulfilled with consequences like interest. In mittetäitmine, the non-fulfillment or substandard performance can give rise to a breach of contract with various remedies, depending on the contract terms and the significance of the failure.

Remedies for mittetäitmine typically include the right to demand proper performance if feasible, compensation for damages caused by the non-performance, and, in cases of material breach, termination of the contract. Courts may also order specific performance where it is possible and appropriate, and contracts may stipulate penalties or interest for non-fulfillment.

Legal framework and practice are guided by the Estonian Law of Obligations Act (Võlaõigusseadus) and general principles of contract law, including provisions on damages, remedies, and termination. The precise consequences of mittetäitmine depend on factors such as the nature of the obligation, whether performance can still be cured, and the extent to which the non-performance impacts the injured party.

See also: breach of contract, damages, termination of contract, specific performance.