Seadusjärgselt

Seadusjärgselt is an Estonian legal term that translates to "by law" or "legally entitled." It refers to a situation where a right or entitlement arises automatically based on statutory provisions, without the need for a specific declaration or agreement. This concept is fundamental in many areas of law, particularly in inheritance, family law, and property rights.

In inheritance law, seadusjärgselt denotes the rights of heirs to inherit property according to the order of succession established by law. If a person dies without a will, their estate is divided among their closest relatives in a specific order defined by the Law of Succession. These relatives are seadusjärgsed pärijad, meaning they are legally entitled to inherit.

Similarly, in family law, certain rights and obligations arise seadusjärgselt. For example, parents have a legal obligation to support their minor children. In cases of marriage, a marital property regime may be established by law unless the spouses agree otherwise. Children born within a marriage are, by law, presumed to be children of the husband, a presumption that can be challenged but is initially seadusjärgselt established.

The principle of seadusjärgselt ensures that legal certainty and order are maintained in various aspects of life. It provides a default framework for rights and responsibilities, ensuring that societal norms and protections are upheld even in the absence of explicit individual arrangements. It signifies a claim or status that is inherently recognized and enforceable due to legislative enactment.