Mittevõrdu

Mittevõrdu is a concept in Estonian law and commerce, referring to a practice where a company or individual is not liable for a debt or obligation if they have not given their explicit agreement or consent to it. This concept is based on the Estonian principle of caveat emptor, which translates to "let the buyer beware."

In the context of business transactions, Nuttevõrdu is used to protect a party from being held responsible for a debt or obligation that they did not agree to. For example, if a company enters into a contract with another party, and the contract contains a clause that was not explicitly agreed upon, the company may claim that they did not intend to assume that obligation and therefore are not liable for it.

In Estonian law, Mittevõrdu is considered a valid defense against a claim of liability. However, it can be used only in circumstances where the party claiming mittevõrdu can demonstrate that they did not have knowledge of or intention to assume the obligation in question.

Mittevõrdu is distinct from other legal defenses such as culpa in contrahendo (negligence in contract) and non est factum (negotiable instrument), as it specifically relies on the absence of explicit agreement or consent to a debt or obligation. Its primary purpose is to prevent parties from being held responsible for obligations that they did not knowingly or willingly assume. As such, Mittevõrdu is an important concept in Estonian law and commerce, serving to protect parties from undue liability and promoting transparency in business transactions.